Report No. 185

Section 95

This section refers to 'evidence as to document in unmeaning reference to existing facts'. It reads as follows:

"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."

There is an illustration below Section 95. It reads as follows:

"A sells B, by deed, 'my house in Calcutta'. A had no house in Calcutta 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."

This section refers to 'latent ambiguity' of a particular type as explained in Section 93. Sections 96 and 97 also deal with latent ambiguities. Section 95 has to be read with Section 97 which refers to 'language', which applies to two sets of facts.

These three sections 95, 96 and 97 are based on the maxim: 'Veritas nominis tollit errorem demonstrationem: nihil facit error nominis cum de corpore constat; falsa demonstratio non nocet cum de corpore constat.- A false description does not vitiate a document.

Errors in survey numbers can be disregarded by relying upon the boundaries of the property covered by a document.

In para 44.4 of the 69th Report, it was stated that this section does not require any amendment. We agree.