What is Evidence as to document unmeaning in reference to existing facts What is Evidence as to application of language which can apply to one only of several persons Section 95 and 96 of Indian Evidence Act 1872

Evidence as to document unmeaning in reference to existing facts and Evidence as to application of language which can apply to one only of several persons are defined under section 95 and 96 of Indian Evidence Act 1872. Provisions under these sections are:

 

Section 95 of Evidence Act "Evidence as to document unmeaning in reference to existing facts"

When language use in a documents is plain it itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was in a peculiar sense.


 

Illustrations

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.

 

Section 96 of Evidence Act "Evidence as to application of language which can apply to one only of several persons"

When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one, of several persons or things, evidence may be given of facts which show which of those persons or things its was intended to apply to.

Illustrations

(a) A agrees to sell to B, for Rs. 1,000, "my white horse". A has two white horses. Evidence may be given of facts which show which of them was meant.

(b) A agrees to accompany B to Hyderabad. Evidence may be given of facts showing whether Hyderabad in the Deckhand or Hyderabad in Sindh was meant.

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