J U D G M E N T

This is an appeal under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) challenging the judgment and decree dated 20.12.2018 passed by the learned Additional District Judge, West, Tis Hazari Courts, Delhi in Civil Suit no. 11098/16, whereby, the suit of the appellant was dismissed as being barred by limitation and not maintainable.

Brief factual matrix of the case

2. The appellant is the only daughter of late Shri Madan Gopal Trikha and late Smt. Chanderkanta Sharma. The appellant‟s mother was the registered owner of the property in question i.e. property bearing no. 6/6, South Patel Nagar, New Delhi (hereinafter referred to as “suit property”). Due to one reason or another, the mother of the appellant, Smt. Chanderkanta Sharma, started living separately from her husband in Delhi, while the appellant and her father were living in Pune. As per the appellant, Smt. Chanderkanta Sharma died intestate sometime in the year 1964 leaving behind her husband late Shri Madan Gopal Trikha and the appellant herein as her only legal heirs.

3. On 19.03.1958, an agreement was alleged to have been entered between late Smt. Chanderkanta Sharma and late