RENU KHHULLAR Vs. AARON @ ARUN BHANDARI & ORS

JUDGEMENT

(1.) Vide the present appeal, the appellant has assailed the order dated 17.05.2017 passed by the learned Single Judge, whereby her suit bearing No.CS(OS) 217/2017 seeking declaration, partition, possession and injunction qua House No. 206, Block-10, Golf Links, New Delhi-110003, was dismissed at the threshold without issuing notice to the respondents, on the ground that the same was barred by limitation.

(2.) The brief facts of the case are that the property bearing House No.206, Block No.10 (measuring 375 sq. yds.), Golf Links, Cornwall Road, New Delhi (hereinafter referred to as "the subject property") was purchased by Dr. S.N. Bhandari in 1952 who out of his own earnings raised a 2 storeyed bungalow on the said plot in the year 1954. Dr. S.N. Bhandari, entered into a settlement deed dated 08.03.1956 with one Dr.Raj Kumari Grover qua the subject property. As per the terms of this deed of settlement, they became owners of equal shares in the subject property. It was also resolved between them that the subject property shall go to her sons and in their absence to her daughters etc., on the re-marriage or death of Dr. Raj Kumari Grover. Subsequent to this deed of settlement, both Dr. S.N. Bhandari and Dr. Raj Kumari Grover became a couple by virtue of their marriage, solemnized on 17.03.1956. The said deed of settlement was confirmed by the Land & Development Officer, vide his letter No.LIV/9/10/206 dated 27.11965.

(3.) As per the appellant, she had discovered one hand written Will dated 25.05.2006 of her deceased mother. Thereafter, the executors of the said Will dated 25.05.2006 filed a probate Petition No.29/2016 (Old No.324/2014), their appointment as executors of the subject property.