B sues to recover one-fourth of the price of the house alleged to have been sold by the A to C. The proper registered sale deed is available. The claim is based on local custom. The transaction between A and C was ostensibly not a sale but a usufructuary mortgage. B wants to give oral evidence in support of this. Which of the following statements will be true for the case?
A. B is not a party to the transaction between A and C as such he is entitled to give evidence
Correct AnswerThe evidence by B will be hit by section 92 of the Indian Evidence Act, 1872 and as such will not be admissible
Incorrect AnswerThe B is not a party to the transaction between A and C, as such he cannot give oral evidence
Incorrect AnswerA and C have committed a fraud, as such the evidence of B is admissible as long as it is supported by written proof
Incorrect AnswerExplanation:
A. B is not a party to the transaction between A and C as such he is entitled to give evidence
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By: santosh