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.
What is Exclusion of evidence of oral agreement Section 92 of Indian Evidence Act 1872
What is Burden of proof On whom burden of proof lies Section 101 and 102 of Indian Evidence Act 1872
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