KRISHNA PILLAI RAJASEKHARAN NAIR(D)BYLRS vs PADMANABHA PILLAI (D) BY LRS. .

The Supreme Court addressed the issue of property rights concerning a 1.2-acre land mortgaged in 1902, which was subject to a partition among family members. The Court held that the plaintiff, as an assignee of non-redeeming co-mortgagors, was entitled to seek a declaration of title and partition despite the defendant's claim of subrogation as a mortgagee. The Court emphasized that the suit was maintainable and not barred by time under Article 148 of the Limitation Act, 1908, thereby reversing the High Court's decision and restoring the trial court's decree.