Oral evidence cannot vary the consideration stated in a sale deed under the Evidence Act

Sections 91 and 92 of the Indian Evidence Act bar oral evidence that would contradict or vary the terms of a written sale deed. The consideration recited in the conveyance is part of the contractual terms, and the provisos to Section 92 do not allow a party, absent any plea of invalidity, silence on consideration, or failure of consideration, to prove a different amount by oral testimony. The distinction between the kind of consideration and its quantum supports the same result. A party to the deed cannot therefore claim that the real sale consideration was higher or lower than the figure stated in the document.

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Issues: Whether, in view of Sections 91 and 92 of the Indian Evidence Act, a party to a sale deed can adduce oral evidence to contend that the real consideration was higher than the consideration stated in the conveyance.

Analysis: Sections 91 and 92 bar oral evidence to contradict, vary, add to, or subtract from the terms of a written contract or disposition of property. The consideration stated in a sale deed is a term of the transaction, and the provisos to Section 92 do not permit a party to set up a different quantum of consideration where the document is not alleged to be invalid, silent on the point, or affected by failure of consideration. The distinction drawn in case law between the kind of consideration and the amount of consideration supports the view that a party cannot prove by oral evidence that the real consideration was more or less than what the document recites.

Conclusion: The plaintiff was not entitled to plead or prove that the real sale consideration was Rs. 16,000/- when the sale deed recited Rs. 10,000/-. The oral evidence was barred.

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