Evidence as to document unmeaning in reference to existing facts
AI Assist
Summary
If the plain words of a document make no sense in light of actual facts, evidence from outside the document may be admitted to show that a word or phrase was used in a special, local, or technical sense. It applies where the literal wording cannot be linked to the real situation. The court can then interpret the document according to that proved peculiar sense.
Example
Ravi sells to Priya by deed "my shop in Delhi." Ravi had no shop in Delhi, but he owned a shop in Gurgaon where Priya had been in possession since the deed. These facts can be proved to show the deed actually referred to the Gurgaon shop.
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.
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, at 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 of Howrah.
Previous year papers
Pick your exam. we'll email the most recent paper.