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.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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