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november 1996

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.

V.T.V.L.AMMA vs V.T.V.D.MENON . · Niyam