Declaration and possession in alternative for partition – Property Mortgaged – Partitioned among co sharers – some of them filed redemption suit – one co sharer paid entire amount and redeem the property – whether the redemptor is liable to give share in the redeemed property – since the plaintiff is an assignee from certain non-redeeming co-mortgagors of a share in 'C' Schedule property. Is entitled for partition and for separate possession of his share -2015 SC(2003) MSK LAW REPORTS 8
There was a piece of land measuring 1.2 acres in area which belonged to 18 members of a family of Sripandarachetti Cult. It was mortgaged in 1902. There was a partition amongst different groups. The properties involved in partition were listed as Schedules 'A', 'B', 'C' and 'D'. The 'C' Schedule comprised of 30 cents. The property in dispute herein is referable to this Schedule 'C' land. Hereinafter, it is referred to as the 'property in suit'. After the partition, 10 members out of the 18 to whom different portions of the mortgaged property were allotted filed the suit, bearing O.S. No.464 of 1117 of Malalyalam Era, for redemption. The suit was decreed in 1950. After the decree one Chellapan Pillai (who died during the pendency of these proceedings and in whose place defendant No.1 stands substituted) got the property Schedule 'C' redeemed by making full payment of mortgage...