Bhandari Construction Co. v. Narayan Gopal Upadhye (2007) 3 SCC 163

S.91: Agreement of sale fixing a specific amount as price-On money- Builders- A mere suspicion on the builders that they accepted sale amount in cash could not be accepted. [ S.92 ]

When the terms of transaction were reduced to writing, it was impossible to lead evidence to contradict terms thereof in view of S. 91 of the Evidence Act.   Further there was no evidence nor any document to show that any payment over an above the consideration mentioned in the registered document was received.

A mere suspicion that builders in the country were prone to take a part of the sale amount in cash was no ground to accept the story of payment of cash.