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consideration mentioned in the sale deed is not the sale consideration which was agreed upon between the parties. In Vipen Kumar Parwanda vs. Gunjan Kumar and Another 2023 SCC OnLine Del 2448 the Hon'ble High Court of Delhi, while dealing with the provisions of Section 91 and 92 of the Indian Evidence Act, had observed that :

41. At this juncture, it is apposite to set out herein below Sections 91 and 92 of the Evidence Act:

was either less or more than what is specified. This, the party is not allowed to do."

It makes the position clear that even though under the Proviso (1) to Section 92, it is open to the party to the agreement to lead evidence to vary he or she is precluded from varying the consideration amount either less or more than what is specified in that agreement." [Emphasis supplied] Applying the principles as enunciated in the aforesaid judgment of Vipen Kumar Parwanda (Supra), it becomes clear that the whole suit of the plaintiff is misplaced in law. The plaintiff herself has averred that the sale deed was executed by her in favour of defendant no.2. There are no allegations of fraud or coercion. The plaintiff has never pleaded for cancellation of the said sale deed and therefore, the plaintiff can not be allowed to plead and prove that in fact, the sale consideration was Rs.30,00,000/- or that it was something other than the consideration amount mentioned in the sale deed. The pleadings and evidence adduced by the plaintiff to the contrary are therefore, hit by the provisions of Section 91 and 92 of the Indian Evidence Act and are therefore, inadmissible and the same Smt. Usha Devi vs Sh. Dalip Kumar & Ors.