(1.) THIS appeal is by the plaintiff, whose suit has been dismissed by judgment dated 10/05/2006.
(2.) HEARD learned Counsel on behalf of both the parties. The parties hereto shall be referred to in the names as they appear in the cause title of the suit. Defendant no.1 shall be referred to as the defendant.
(3.) THEN, the plaintiff filed the suit on 6/04/2000 pleading that after the death of her husband, the plaintiff had spent a miserable time due to the threats issued by the defendant in order to force her to part with the said properties. The plaintiff stated that she had fought all the court cases with the defendant who had kept an eye on the property of the plaintiff. The plaintiff stated that on 21/03/2000, the plaintiff was kidnapped from Chandor by defendant with the help of some antisocial elements and was kept as a hostage at Colva till 3/04/2000 and she was kept in the house of one Telma at Colva. According to the plaintiff, she was made to sign under duress the papers on 21/03/2000 in the office of notary public Shri Leo Velho at Margao and, thereafter, again on 3/04/2000 the plaintiff was made to sign the sale deed in the office of the sub-registrar. Plaintiff claimed, by way of amendment, that she was a ignorant person and was not aware of the contents of the sale deed prepared by the defendant's lawyer and that said sale deed was executed due to misrepresentation of facts, undue influence and coercion. It was the case of the plaintiff that the deed of sale was signed on 3/04/2000 and presented for registration on 3/04/2000 and it was signed without consideration.