Section 98 BSA | Bharatiya Sakshya Adhiniyam, 2023
Evidence as to document unmeaning in reference to existing facts.
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.
Section 99 BSA | Bharatiya Sakshya Adhiniyam, 2023
Evidence as to application of language which can apply to one only of several persons.
When 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.
(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.
(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.
Section 100 BSA | Bharatiya Sakshya Adhiniyam, 2023
Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.
When the language used applies partly to one set of existing facts, and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to apply.
Illustration.
A agrees to sell to B "my land at X in the occupation of Y".Ahas land at X, but not in the occupation of Y, and he has land in the occupation of Y but it is not at X.
Section 101 BSA | Bharatiya Sakshya Adhiniyam, 2023
Evidence as to meaning of illegible characters, etc.
Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and regional expressions, of abbreviations and of words used in a peculiar sense.
Illustration.
A, sculptor, agrees to sell to B, "all my mods". A has both models and modelling tools. Evidence may be given to show which he meant to sell.
Section 102 BSA | Bharatiya Sakshya Adhiniyam, 2023
Who may give evidence of agreement varying terms of document.
Persons who are not parties to a document, or their representatives in interest, may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document.
Illustration.
A and B make a contract in writing that B shall sell A certain cotton, to be paid for on delivery. At the same time, they make an oral agreement that three months’ credit shall be given to A. This could not be shown as between A and B, but it might be shown by C, if it affected his interests.
Section 103 BSA | Bharatiya Sakshya Adhiniyam, 2023
Saving of provisions of Indian Succession Act relating to wills.
Nothing in this Chapter shall be taken to affect any of the provisions of the Indian Succession Act, 1925 as to the construction of wills.
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