(h) A hires lodging of B, and gives a card on which is written "Rooms, Rs. 200 a month." A
may prove a verbal agreement that these terms were to include partial board.
A hires lodging of B for a year, and regularly stamped agreement, drawn up by an
advocate, is made between them. It is silent on the subject of board. A may not prove that
board was included in the terms verbally.
(i) A applies to B for a debt due to A by sending a receipt for the money. B keeps the receipt
and does not send the money. In a suit for the amount A may prove this.
(j) A and B make a contract in writing to take effect upon the happening of a certain
contingency. The writing is left with B, who sues A upon it. A may show the
circumstances under which it was delivered.
104. Exclusion of evidence against application of document to existing facts.__ When
language used in a document is plain in itself, and when it applied accurately to existing facts,
evidence may not be given to show that it was not meant to apply to such facts.
Illustrations
A sells to B by deed, "my estate at Rangpur, containing 100 bighas". A has an estate at Rangpur
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.
105. 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.
Illustrations
A sells to B by deed, "my house in Karachi".
A had no house in Karachi, but it appears that he had a house at Keamari, 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 Keamari.
106. 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 Rs. 1,000, "my white horse". A has two white horses. Evidence
may be given of facts which shows which of them was meant.
(b) A agrees to accompany B to Hyderabad. Evidence may be given of facts showing whether
Hyderabad in the Dekkhan or Hyderabad Sind was meant.
Page 50 of 68