Calcutta High Court
Lakhatullah Sheikh And Ors. vs Bishambar Roy on 19 May, 1910
Equivalent citations: 6IND. CAS.577
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.