Section 92 of IEA : Section 92: Exclusion of evidence of oral agreement.

Explanation using Example

Example 1:

Ravi and Suresh enter into a written contract where Ravi agrees to sell his car to Suresh for ₹2,00,000. The contract specifies all the terms, including the payment schedule and the condition of the car. Later, Suresh claims that Ravi had orally agreed to include a set of new tires with the car, which is not mentioned in the written contract. According to Section 92 of the Indian Evidence Act, 1872, Suresh cannot introduce this oral agreement to contradict or add to the terms of the written contract.

Example 2:

Meera leases a shop to Priya through a written agreement that specifies the rent and the duration of the lease. The agreement is silent on the issue of maintenance responsibilities. Priya claims that there was an oral agreement that Meera would take care of all maintenance issues. Since the written document is silent on this matter and the oral agreement is not inconsistent with the terms of the written lease, Priya can prove the existence of this separate oral agreement under Proviso (2) of Section 92.

Example 3:

Rajesh sells a piece of land to Anil through a registered deed. The deed includes a map of the property. Anil later claims that there was an oral agreement that an additional adjacent plot was also included in the sale. According to Section 92, Anil cannot use this oral agreement to contradict the terms of the registered deed, which clearly defines the property sold.

Example 4:

Sunita enters into a written contract with a construction company to build her house. The contract specifies the materials to be used and the completion date. Sunita later discovers that the company used substandard materials and claims that the company had orally assured her of using high-quality materials. Under Proviso (1) of Section 92, Sunita can prove the oral assurance as it relates to fraud and misrepresentation, which would invalidate the contract.

Example 5:

Amit and Neha sign a written agreement for Amit to deliver 100 bags of rice to Neha by a certain date. The agreement does not mention the payment terms. Neha claims that there was an oral agreement that she would pay Amit within 30 days of delivery. Since the written document is silent on the payment terms and the oral agreement is not inconsistent with the written terms, Neha can prove the oral agreement under Proviso (2) of Section 92.

Example 6:

Vikram and Pooja enter into a written contract for the sale of Vikram's house. The contract is silent on the issue of the furniture in the house. Pooja claims that there was an oral agreement that the furniture would be included in the sale. Since the written contract is silent on this matter and the oral agreement is not inconsistent with the terms of the written contract, Pooja can prove the existence of this separate oral agreement under Proviso (2) of Section 92.

Example 7:

Arjun and Kavita sign a written agreement for Arjun to lease his apartment to Kavita for one year. The agreement is silent on the issue of utilities. Kavita claims that there was an oral agreement that Arjun would pay for the utilities. Since the written document is silent on this matter and the oral agreement is not inconsistent with the terms of the written lease, Kavita can prove the oral agreement under Proviso (2) of Section 92.