Evidence as to application of language which can apply to one only of several persons
AI Assist
Summary
When wording could reasonably refer to only one among several persons or things, facts about the situation may be admitted to show which one was intended. Surrounding circumstances, conduct, or documents can be used to identify the particular person or thing meant. The effect is that the court will treat that identified person or thing as the one referred to.
Example
Meera agrees to sell to Arjun "my red scooter". Meera owns two red scooters. Evidence about which scooter she used every day (for example where she kept it or which registration number she mentioned earlier) may be given to show which scooter was meant.
Bare Act
Enacted textWhen 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 it was intended to apply to.
Illustrations.
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(a) A agrees to sell to B, for one thousand rupees, "my white horse". A has two white horses. Evidence may be given of facts which show which of them was meant.
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(b) A agrees to accompany B to Ramgarh. Evidence may be given of facts showing whether Ramgarh in Rajasthan or Ramgarh in Uttarakhand was meant.
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