All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

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54.

A enters into an agreement with B whereby B agrees absolutely to pay A Rupees One lakh per year for maintenance services rendered by A. B pays only a part of fees for maintenance services and A sues B. A provides the original written agreement in court. In court, B claims that the parties had orally agreed that the fees for maintenance services would be Rupees Fifty thousand per year despite the written contract. Which of the following statements is the most accurate application of the principle below ?

Principle :

Section 92 of the Indian Evidence Act, 1872, provides that if a contract has been proved by writing, then no evidence can be given of any oral agreement as between the parties to contradict, vary, add to, or subtract from its terms.
A: Oral agreements are not valid evidence in any case, and therefore, B cannot provide any evidence about the oral agreement.
B: Oral agreements are not valid in India, and therefore, B cannot provide any evidence about the oral agreement.
C: B cannot provide evidence about the oral agreement as it varies from the terms of the written agreement provided in court.
D: B cannot provide evidence about the oral agreement, unless he can provide two independent witnesses to the oral agreement.
E: Oral agreements are hearsay evidence, and therefore, not admissible in court.

The answer is: C

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Explanation

The most accurate application of the principle in this case is option C: B cannot provide evidence about the oral agreement as it varies from the terms of the written agreement provided in court.

Explanation:

The principle mentioned in Section 92 of the Indian Evidence Act, 1872, is clear in stating that if a contract has been proved by writing, then no evidence can be given of any oral agreement as between the parties to contradict, vary, add to, or subtract from its terms. In this case, A has provided the original written agreement in court, which clearly states that B agreed to pay A Rupees One lakh per year for maintenance services.

B's claim that there was an oral agreement for a lower amount, Rupees Fifty thousand per year, directly contradicts the terms of the written agreement. According to the principle, such oral agreements cannot be used as evidence to vary the terms of the written contract. Therefore, option C is the most accurate application of the principle in this case.