Renu Khhullar vs Aaron @ Arun Bhandari & Ors. on 21 May, 2018



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.

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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 2½ 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 27.12.1965.

Thereafter, on 15.02.1972, Dr. S.N. Bhandari relinquished his undivided

share in the subject property in favour of his wife, namely, Dr. Ms.Raj

Kumari Bhandari and the latter became full owner by virtue of the former‟s

letter No.LIV/9/10/206 dated 06.05.1972. Dr. Ms. Raj Kumari Bhandari,

mother of the parties, thereafter executed a Will dated 26.03.1979

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bequeathing all her immovable and movable properties to her two sons and

their families. During her lifetime, a family settlement deed dated

11.11.1980 was drawn. It was witnessed by her two daughters, which

included the appellant. The mother of the parties expired on 21.09.2007.

Both the sisters (appellant and respondent No.3) raised disputes with regard

to the said Will dated 26.03.1979. The matter was referred to arbitration. In

those proceeding, the parties entered into a settlement dated 10.10.2007

before the Arbitrator. An award dated 29.10.2007, in terms of the settlement,

was passed. This award was challenged by the appellant and her sister,

namely, Ms. Neena Thakur, by way of CS(OS) No.2251/2013, which is now

pending adjudication before the District Courts, Delhi.

Source: Indian Kanoon

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