ASHA SHARMA Vs. LATA KHANNA

JUDGEMENT

(1.) Heard Sri Vibhu Shankar and Sri Pravin Kumar Verma, learned Counsel for the petitioner and Sri Akash Singh, learned Counsel for the respondents.

(2.) The present petition under Article 227 of the Constitution of India has been filed by the petitioner challenging the order dtd. 3/3/2020 passed in Misc. Case No.299 of 2014 as well as the judgment and order dtd. 19/5/2006 passed in R.S. No.32 of 2001.

(3.) The facts in brief are that the petitioner, who is a widow, claims to be the owner of the property bearing House No.D-3010, Indra Nagar, Lucknow. Her children are said to be settled outside India. It is stated that after the death of her husband, she had executed a registered sale deed in favour of the opposite parties vide deed dtd. 7/11/2000, which was duly registered in consideration of the amount of sale. It is alleged that three cheques were issued to the petitioner amounting to Rs.7.00 lac, however, when the same were presented to the Bank, the same were returned uncashed on account of cheques not bearing the account numbers. As according to the petitioner, the lawful sale consideration was not paid, a suit came to filed being R.S. No.32 of 2001 (Annexure-4 to the writ petition), in which, a declaration was sought that the sale deed dtd. 7/11/2000 be declared as inoperative, ineffective, voidable having no force of law.