Question

    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.

    A Evidence can be given that the deed related to house in Calcutta Correct Answer Incorrect Answer
    B Evidence can be given that the deed related to house in Howrah Correct Answer Incorrect Answer
    C Evidence cannot be given and sale deed will be quashed Correct Answer Incorrect Answer
    D None of the above Correct Answer Incorrect Answer

    Solution

    Section 95 of Evidence Act Evidence as to document 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”. 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.

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