Site navigation

A deed sells the Rampur tea estate and contains a map of the land sold. A party offers oral evidence…

Section 95, illustration (c), excludes proof that land outside the deed’s map was intended to pass. On the stated facts, the proposed oral evidence would add to the written…

Choose your answer

A deed sells the Rampur tea estate and contains a map of the land sold. A party offers oral evidence that land outside the map was always treated as part of the estate and was meant to pass under the deed. Under section 95 of the Bharatiya Sakshya Adhiniyam, 2023, how should the court treat that evidence on these facts?

Select one answer
Answer and explanation

Correct answer C

Section 95, illustration (c), excludes proof that land outside the deed’s map was intended to pass. On the stated facts, the proposed oral evidence would add to the written grant. The section contains provisos for other circumstances.

Option feedback

Option A

The map identifies the property covered by the deed, even though the deed also names the estate.

Option B

The asserted common understanding would still add land outside the map on the facts in the illustration.

Option C

Illustration (c) excludes oral proof that the deed was intended to pass the land outside the map.

Option D

Section 95 has provisos that permit oral evidence in specified circumstances.

Practice for these exams

Related exam syllabi

Related questions in this topic