P. VEERASAMY Vs. V. SOUNDARARAJAN

JUDGEMENT

(1.) When a transaction has been reduced to writing, either by requirement of law or by agreement of the parties, the writing becomes the exclusive memorial thereof; and no extrinsic evidence is admissible either to prove independently the transaction or to contradict vary, add to or subtract from, the terms of the documents, though the content of the document may be proved either by primary or secondary evidence. This is the law stated in Section 92 of the Indian Evidence Act.

(2.) Whether the construction of a document so as to ascertain the intention of the parties is controlled by the provisions of Section 91 or 92 of the Indian Evidence Act is the issue raised in this appeal.

(3.) The bar under Section 92, whether it applies only when it is sought to be proved that the terms of the transaction were different and not that the transaction itself was different than what it purported to be is yet another issue raised in this appeal.