98. 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.
Evidence Act Section 95 in BSA: Section 98
Evidence as to document unmeaning in reference to existing facts
Section 95 of the Indian Evidence Act, 1872 (Evidence as to document unmeaning in reference to existing facts) corresponds to Section 98 of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.
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Text of BSA Section 98
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