BSA Section 98 — Evidence as to document unmeaning in reference to existing facts

Summary

When the words in a document are clear on their own, but they do not make sense when applied to the actual facts of the situation, evidence can be given to show that the words were meant in a special or different sense.

For example, if A sells to B by deed "my house in Kolkata", but A actually has no house in Kolkata, yet it turns out A has a house at Howrah which B has been living in since the deed was signed, those facts can be proved to show that the deed actually referred to the house at Howrah.

Official Text

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 Kolkata”. A had no house in Kolkata, 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.

Old <-> New Code Mapping

• IEA §95 — Evidence as to document unmeaning in reference to existing facts