https://www.taxtmi.com/caselaws?id=298928 A non-redeeming co-mortgagor's suit for declaration, partition and possession remained a partition claim, so the limitation period applicable to partition applied and the suit was not barred as one for redemption or contribution. The redeeming co-mortgagor's plea of contribution operated only as an equitable defence and did not alter the character of the action. Under Section 92 of the Transfer of Property Act, a redeeming co-mortgagor acquires only equitable subrogation and reimbursement rights, not the status of a mortgagee in the strict sense. The other co-owner's right to seek partition therefore survived, and the plaintiff's claim was maintainable and in time. en-us Mon, 15 Dec 2003 00:00:00 +0530 Sat, 27 Nov 2021 10:55:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=298928 A non-redeeming co-mortgagor's suit for declaration, partition and possession remained a partition claim, so the limitation period applicable to partition applied and the suit was not barred as one for redemption or contribution. The redeeming co-mortgagor's plea of contribution operated only as an equitable defence and did not alter the character of the action. Under Section 92 of the Transfer of Property Act, a redeeming co-mortgagor acquires only equitable subrogation and reimbursement rights, not the status of a mortgagee in the strict sense. The other co-owner's right to seek partition therefore survived, and the plaintiff's claim was maintainable and in time. Case-Laws Indian Laws Mon, 15 Dec 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=298928