KRISHNA Vs. SAROJ RANI

JUDGEMENT

(1.) An interesting issue needs consideration. The question is whether oral evidence can be considered for the purpose of contradicting, varying, adding to, or subtracting from the terms of a registered document. Section 92 of the Indian Evidence Act, 1872 (hereinafter referred to as "the Act") is extracted as under:-

(2.) On plain reading of proviso (4) to Section 92, it is apparent that if a contract has been registered according to the law in force, the existence of any distinct subsequent oral agreement to rescind or modify any such contract, grant or disposition of the property shall not be admissible in evidence. The proviso (4) to Section 92 is applicable even if the document is not required to be registered. The phraseology used in proviso (4) to Section 92 deals with two different eventualities. Thus, the evidence of an oral agreement or modifying the terms of written contract, grant or disposition of the property is not admissible where the document has been registered in accordance with the law applicable. The oral agreement modifying the terms of a contract in writing registered with the authorities as per Registration Act, 1918 would stand excluded. It is not necessary that the document should be one which is compulsorily required to be registered as per the law applicable.

(3.) Now let us examine the case on merits. The defendant/appellant has filed the present regular second appeal against a detailed judgment passed by the learned first Appellate Court. The plaintiff had filed a civil suit seeking a decree for specific performance of the agreement to sell dated 19.03.2007. It will be noted here that the execution of the agreement to sell, which is registered, dated 19.03.2007 with respect to a plot measuring 100 square yards on receipt of earnest money amounting to Rs. 3,35,000/- out of total sale consideration of Rs.3,45,000/- is not disputed. On plain reading of the agreement to sell, which is an admitted document, it is apparent that the registration of the sale deed was not possible as there was some restriction on the execution and registration of the sale deed at that point of time. It was provided that whenever the government permits the registration of the sale deeds, the parties would remain bound to get the sale deed executed. It was further provided that if any "No Objection Certificate" is required, the same shall also be applied and obtained by the defendant. As noted above, only Rs. 10,000/- remained to be paid out of total sale consideration of Rs. 3,45,000/-.