AIR 1957 MANIPUR 9

Manipur High Court

Hon'ble Judge(s): Brij Narain , C.J.

(A) Transfer of Property Act (4 of 1882) , S.54, S.58— Sale or mortgage. @page-Mani10 Where the contents of the deed clearly show that it is an out and out sale deed, the mere fact that the word 'Mahajan' has been used in the deed will not be sufficient to prove that the deed was only intended to embody a loan transaction : 1954 Pat 586 (AIR V 41), Rel. on.(Para 4) Anno : AIR Com., T. P. Act, S. 54, N. 9; S. 58, N. 33. (B) Evidence Act (1 of 1872) , S.91— Oral contract reduced to writing - Terms of contract cannot be proved by referring to original oral agreement. The moment an oral contract is reduced to writing, it is not open to any of the parties thereafter to prove the terms of the contract by referring to any original oral agreement as S. 91, Evidence Act expressly prohibits it. Such a party would be precluded from proving the terms of the transaction otherwise than by the deed itself. Anno : AIR Man., Evi. Act, S. 91, N. 1 and 13. (C) Evidence Act (1 of 1872) , S.64— Document - Proof. Where certain documents have been marked as exhibits in a case without objection but the contents thereof ha....