Illustration: estate meant to be sold was one

Illustration:

A sells to B, by deed, “my estate at Rampur containing 100 bighas.” A has an estate at Rampur containing 100 bighas. Evidence may not be given of the fact that the estate meant to be sold was one situated at a different place and of a different size.

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Comments:

Principle and Scope:

When the language used in the document is pain and unambiguous the section insists on the accurate application to the existing facts. No evidence is admissible to show that it was not meant to the facts. Thus, this section comes into play when the language of the document is considered by the court with reference to any factual situation. According to Illustration A sold to  his Rampur estate containing 100 bighas. Evidence cannot be given that estate of 100 bighas meant to be sold was situated in different size.

Thus, the section does not refer to any kind of ambiguity, patent or latent. It would apply only when the execution of document is admitted and admission can be explained by maker of it. Where the contents of sale deed show sale of particular piece of land, the language of the document is plain and clear, evidence cannot be permitted to show that land sold was same other land.