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Lakhatullah Sheikh and ors. Vs. Bishambar Roy - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtKolkata
Decided On
Judge
Reported in6Ind.Cas.577
AppellantLakhatullah Sheikh and ors.
RespondentBishambar Roy
Excerpt:
evidence act (i of 1872), section 92 - registered lease--subsequent alteration by oral agreement--agreement to be inferred from conduct. - 1. in my opinion this appeal must be dismissed on the ground that this is an attempt by the defendants to vary a written and registered agreement, to which section 92 of the evidence act applies, by a subsequent oral agreement. the agreement is none the less oral because it is to be inferred from the conduct of the parties. the judgment of mr. justice richardson is correct and this appeal must be dismissed with costs.2. the other appeals will be governed by this decision.
Judgment:

1. In my opinion this appeal must be dismissed on the ground that this is an attempt by the defendants to vary a written and registered agreement, to which Section 92 of the Evidence Act applies, by a subsequent oral agreement. The agreement is none the less oral because it is to be inferred from the conduct of the parties. The judgment of Mr. Justice Richardson is correct and this appeal must be dismissed with costs.

2. The other appeals will be governed by this decision.


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