RUKMANI AMMAL vs JAGDEESA GOUNDER

The Supreme Court upheld the High Court's decision in Second Appeal No. 1939 of 1986, which set aside the lower court's judgments regarding the ownership and possession of the suit property. The Court ruled that the plaintiff's claim for declaration of title and possession was not maintainable as he should have sought redemption of the mortgage instead. The Court emphasized that the auction sale conducted under the Small Cause Suit No. 176 of 1965 was valid, as the plaintiff was aware of the mortgage and the subsequent proceedings, thus affirming the legal standing of the defendant's possession.