Section 95 of BSA : Section 95: Exclusion of evidence of oral agreement.

Explanation using Example

Example 1:

Scenario: Ramesh and Suresh enter into a written agreement where Ramesh agrees to sell his car to Suresh for ₹5,00,000. The agreement specifies that the car will be delivered on the 1st of January, 2024.

Application of Section 95:

• Oral Agreement Exclusion: Ramesh cannot later claim that there was an oral agreement stating that the car would be delivered on the 15th of January, 2024, instead of the 1st of January, 2024. The written agreement's terms are final.
• Exception for Fraud: If Suresh can prove that Ramesh fraudulently misrepresented the condition of the car to induce him to sign the agreement, this fact can be proved in court.

Example 2:

Scenario: Priya leases a shop to Anil through a written lease agreement that states the rent is ₹20,000 per month. The agreement is silent on the issue of maintenance charges.

Application of Section 95:

• Oral Agreement Exclusion: Priya cannot later claim that there was an oral agreement requiring Anil to pay an additional ₹5,000 per month for maintenance charges.
• Exception for Custom: If it is a well-known custom in that locality that tenants usually pay maintenance charges separately, this custom can be proved in court, provided it is not inconsistent with the written lease agreement.

Example 3:

Scenario: Sunita sells her house to Rajesh through a registered sale deed. The deed includes a detailed description of the property but does not mention the inclusion of a garage.

Application of Section 95:

• Oral Agreement Exclusion: Sunita cannot later claim that there was an oral agreement to include the garage as part of the sale.
• Exception for Mistake: If Rajesh can prove that there was a mutual mistake and both parties intended to include the garage in the sale, this fact can be proved in court.

Example 4:

Scenario: A written contract between Meera and Nikhil states that Meera will deliver 100 bags of rice to Nikhil by the 10th of each month. The contract does not specify the payment terms.

Application of Section 95:

• Oral Agreement Exclusion: Meera cannot later claim that there was an oral agreement requiring Nikhil to pay within 5 days of delivery.
• Exception for Separate Oral Agreement: If there was a separate oral agreement that Nikhil would pay within 15 days of delivery, and this is not inconsistent with the written contract, this oral agreement can be proved in court.

Example 5:

Scenario: A written contract between Arjun and Bhavna states that Arjun will paint Bhavna's house for ₹50,000. The contract is silent on the quality of paint to be used.

Application of Section 95:

• Oral Agreement Exclusion: Arjun cannot later claim that there was an oral agreement to use premium quality paint.
• Exception for Usage or Custom: If it is a common custom in the painting industry to use a certain quality of paint for such contracts, this custom can be proved in court, provided it is not inconsistent with the written contract.

Example 6:

Scenario: A written agreement between Kavita and Rohit states that Kavita will supply 500 chairs to Rohit for ₹2,00,000. The agreement is silent on the delivery date.

Application of Section 95:

• Oral Agreement Exclusion: Kavita cannot later claim that there was an oral agreement to deliver the chairs by the end of the month.
• Exception for Separate Oral Agreement: If there was a separate oral agreement that the chairs would be delivered within 15 days, and this is not inconsistent with the written contract, this oral agreement can be proved in court.