9911796707
TMI Blog2000 (8) TMI 1141X X X X Extracts X X X X X X X X Extracts X X X X ..... three sons and one daughter were born. One of the sons, Appavu Pillai died during the lifetime of Muthuswamy Pillai, leaving defendant nos. 2 to 4 as his legal heirs. Singaravaelu Pillai (defendant No. 1) and Venugopal Pillai, plaintiff (respondent No. 1 herein) are second and third sons of said Muthuswamy Pillai. Defendant No. 6 who is the appellant in this case is the son of Singaravaelu Pillai (defendant No. 1) who died during the pendency of the suit. Muthuswamy Pillai who owned the property, settled the same under a registered settlement deed dated 26.3.1915 (Ext. A/1) in favour of Papammal and children born through her. At the time of execution and registration of settlement deed all the sons were minors and, therefore, their mother w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rose as to whether the registered document is a settlement deed or a will. However, both the parties proceeded on the basis that document Ext. A/1 is a registered settlement deed and not a will. The trial court treating the document Ex. A/1, as a settlement deed held that in view of proviso (4) to Section 92 of the Evidence Act the contesting defendant can lead oral evidence to substantiate the subsequent oral arrangements arrived at amongst the members of the family and believing the arrangements as set up by the defendant-appellant, the trial court dismissed the suit filed by the plaintiff-respondent. 4. In first Appeal filed by the plaintiff before the High Court the learned Single Judge of the High Court was of the view that in view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the document which, under law, is required to be in writing or is a registered document, namely, Ex. A/1. Section 92 of the Evidence Act reads as thus: 92. Exclusion of evidence of oral agreement - When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to the last section, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of contradicting, varying, adding to, or subtracting from, its terms: Proviso (4) - The existence of any distinct subsequent oral agreement to rescind or modify any such contract, gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arrangement which has effect of rescinding a contract or disposition of property which is registered according to the law in force for the time being as to the registration of documents. 6. In sum and substance what proviso (4) to Section 92 provides is that where a contract or disposition, not required by law to be in writing, has been arrived at orally then subsequent oral agreement modifying or rescinding the said contract or disposition can be substantiated by parol evidence and such evidence is admissible. Thus if a party has entered into a contract which is not required to be reduced in writing but such a contract has been reduced in writing, or it is oral in such situations it is always open to the parties to the contract to modi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would mean rewriting of Ex. A/1, and, therefore, no parol evidence is permissible. 7. In view of the aforesaid legal position on interpretation of proviso (4) to Section 92 we have to examine as to whether settlement deed Ex. A/1, was required to be in writing under the law or not. It is not disputed that by settlement deed Ex. A/1. which is a disposition, Muthuswamy Pillai passed on right to property to all his sons who acquired right in the property. Where there is such conferment of title to the property, law requires it be in writing for its efficacy and effectiveness. A document becomes effective by reason of the fact that it is in writing. Once under law a document is required to be in writing parties to such a document cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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