Supreme Court of India · 1996-11-29
V.T.V.L.AMMA vs V.T.V.D.MENON .
- Citation / case number
- SC 1994/76364
- Court
- Supreme Court of India
- Petitioner
- V.T.V.L.AMMA
- Respondent
- V.T.V.D.MENON .
- Author
- G.T. NANAVATI K. RAMASWAMY
- Bench
- G.T. NANAVATI K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that upon redemption of a mortgage, the redeeming co-mortgagor is entitled to subrogation to the rights of the mortgagee, as established in Valliamma Champaka Pillai vs. Sivathanu Pillai & Ors. The Court found that since the respondents failed to redeem the mortgage within 30 years, the appellant became the absolute owner of the property, making the suit for partition in respect of the property not maintainable. The High Court's reversal of this finding was set aside, affirming the trial and district courts' decisions.