Krishna Pillai Rajasekharan Nair (D) By ... vs Padmanabha Pillai (D) By Lrs. & Ors

The Supreme Court addressed the issue of maintainability of a suit for declaration of title and partition when the property was subject to a mortgage. The Court held that the plaintiff's suit was maintainable despite the mortgage, as the relief sought was not solely for redemption but also for partition and recovery of possession. The Court emphasized that the High Court's remand for fresh consideration was justified due to the oversight of the lower courts regarding the mortgage's implications. The judgment clarified the relationship between redemption and partition in property disputes under the Limitation Act, 1908, specifically Article 148.