Section 95 · Evidence as to document unmeaning in reference to existing facts
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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".
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.
Illustration
A sells to B, by deed, "my house in Calcutta".
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.
In the new law
IEA 95BSA 98
98. Evidence as to document unmeaning in reference to existing facts.
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