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 pro...

Login to access all pages and read more content.

To disable ads and read rest of the premium content, subscribe to KanoonGPT Pro.