Bharatiya Sakshya Adhiniyam
BSA 98 was IEA 95.
Evidence as to document unmeaning in reference to existing facts.
Carried over
90% of the old wording kept
Old · IEA 1872 · Ch. VI
s. 95
Evidence as to document in unmeaning reference to existing facts
When language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense.
Illustration A sells to B, by deed, "my house in Calcutta". OF THE EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE A had no house in Calcutta, but it appears that he had a house at Howrah, of which B had been in possession since the execution of the deed. These facts may be proved to show that the deed related to the house at Howrah.
Text read from the official print by OCR. Check it against the print before quoting.
New · BSA 2023 · Ch. VI
s. 98
Evidence as to document unmeaning in reference to existing facts.
When language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense.
Illustration.
A sells to B, by deed, “my house in Kolkata”. A had no house in Kolkata, but it appears that he had a house at Howrah, of which B had been in possession since the execution of the deed. These facts may be proved to show that the deed related to the house at Howrah.
Text from India Code