Evidence as to document unmeaning in reference to existing facts
AI Assist
Summary
Where a document’s plain wording does not fit the actual facts, evidence may be led to show the words were used in a peculiar or local sense. Applies when the literal meaning would be impossible or meaningless. The court may then interpret the document in light of those facts so it matches the parties’ real intention.
Example
Ravi sells to Priya by deed the property described as "my house in Kolkata." Ravi owns no house in Kolkata but has a house in Howrah which Priya has occupied since the deed. Evidence of these facts can be led to show the deed referred to the Howrah house, not a non-existent Kolkata property.
Bare Act
Enacted textWhen 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.
Previous year papers
Pick your exam. we'll email the most recent paper.