Evidence as to document unmeaning in reference to existing facts
98. Evidence as to document unmeaning in 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.
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.
Notes
Evidence as to document unmeaning in reference to existing facts
95. 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.