Site navigation

A sells to B, by deed, "my house in Kolkata". A had no house in Kolkata, but he had a house at Howrah,…

Section 98 allows evidence to show that plain language was used in a peculiar sense when it is unmeaning in reference to existing facts. The illustration to section 98 says…

Choose your answer

A sells to B, by deed, "my house in Kolkata". A had no house in Kolkata, but he had a house at Howrah, of which B had been in possession since the deed was executed. May these facts be proved?

Select one answer
Answer and explanation

Correct answer C

Section 98 allows evidence to show that plain language was used in a peculiar sense when it is unmeaning in reference to existing facts. The illustration to section 98 says that, as A had no house in Kolkata but had one at Howrah possessed by B, these facts may be proved, so the answer is "Yes, to show that the deed related to the house at Howrah". This differs from section 97, where the words fit an existing property exactly.

Practice for these exams

Related exam syllabi

Related questions in this topic