MARIA Vs. SHRIPAD VISHNU KAMAT TARCAR

JUDGEMENT

(1.) THE controversy in all these appeals centers around the agreement for sale entered into between the parties on 9th March, 1977 in respect of urban property described in Conservatoria of the Land Registration of Ilhas under No 1701 in which there exists a house. The said agreement was executed between the parties in the chamber of Advocate Shri Rui Gomes Pereira.

(2.) THE undisputed facts are that Inventory proceedings were pending in the Court of Civil Judge, S. D. Panaji, wherein Maria Eduarda Apolonia Gonsalves e Mesquita was one of the parties. The said Inventory proceedings were fixed on 9th March, 1977 and on that day auction between the parties to the said Inventory proceedings was to be held. Advocate, Shri Rui Gomes Pereira, who was appearing for the said Maria, had informed her that the sale price in the auction may go up to Rs. 4 lakhs and that she should arrange the said amount in order to bid for the auction. It is not disputed that auction money is not required to be deposited on the date of auction itself, but it is to be deposited within five days from the demand made by the party. On 8th March, 1977 the said Maria reported to her Advocate Shri Rui Gomes Pereira that she has been able to arrange only Rs. 40,000/ -. On the next day i. e. on 9-3-1977 the said Maria went to the office of her Advocate Shri Rui Gomes Pereira and there she found Shripad Vishnu Tarcar, Sanjeev Tarcar and Advocate Shri Bharne. The said Shripad and Sanjeev Tarcar had agreed to advance money to the extent of Rs. 2 lakhs in case the same was required by the said Maria for the purpose of bidding in the said auction. Thereafter the said Maria along with her advocate went to the Court, attended the auction in which the auction bid of Rs. 15,001/- of the said Maria was accepted in respect of the said urban property including the house which is spoken of in the agreement for sale. The said Maria along with her Advocate returned back to the chamber of Advocate Shri Rui Gomes Pereira where the agreement in question was entered between the parties.

(3.) IT is the version of Maria that she had informed her Advocate Shri Rui Gomes Pereira that she did not want to sell the said urban property and house since she needed the same for her occupation. However, in spite of her objections Advocate Shri Rui Gomes Pereira typed the agreement for sale and insisted that she should sign the agreement. According to Maria, as the talk of sale cropped up suddenly and unexpectedly and as she was suffering from hypertension, she felt suddenly unwell and her blood pressure started rising, as a result of which she became nervous and confused. In order to avoid collapsing in the house of strangers, she signed the said agreement even though it was not read over and explained to her since her own Advocate as well as said Shripad and Sanjeev continued insisting that she should sign the agreement. Her son Caesar, who knows Portuguese was present along with her. The agreement in question was typed in Portuguese. After the execution of the said agreement, a cheque of Rs. 5000/- was given by the said Tarcars to her and she was taken in a car to her house. Her case further is that on the same day namely 9-3-1977, she got the agreement for sale read over and explained to her by one of her friends and came to know that the suit papers were a copy of the agreement. She was shocked at the deception and fraud practised upon her by the said Tarcars with active connivance of her own Advocate and she terminated the services of her Advocate at the first available opportunity. She sent the cheque for Rs. 5000/- to Shripad Tarcar by registered A. D. letter on 11-3-1977 and asked him to meet her on 12-3-1977. It is pertinent to note at this stage that the said Maria in the Special Civil Suit No. 214/77 which was filed by her on 17th Aug. 1977 for declaration of the said contract as voidable and rescinded, did not make any reference that the said cheque of Rs. 5000/- was encashed by her on 10-3-1977 itself and this vital fact was suppressed by her. On 12-3-1977 she informed Shripad Tarcar who came to meet her that the said agreement be cancelled. The cheque sent by Maria was returned back by Shripad Tarcar on 15-3-1977. Her main contention in the suit filed by her is that the said agreement was got prepared and signed otherwise than by her free consent mainly with a view of deceiving and defrauding her by selling the suit house at a throwaway price of just Rs. 65,000/- when the market value of the suit house was worth more than Rs. 2 lakhs.