BSA · Bharatiya Sakshya Adhiniyam, 2023

Section 98 — Evidence as to document unmeaning in reference to existing facts.

Replaces Evidence Act Section 95.

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.

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