Section 95 of the Indian Evidence Act, 1872

Illustration:

A sells to B, by deed, “my house in Calcutta.”

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!


order now

A had no house in Calcutta, but it appears that he had a house at Howrah, of which  had been in possession since the execution of the deed.

These facts may be proved to show that the deed related to the house of Howrah.

Comments:

Latent ambiguity (Sections 95 to 97):

Latent ambiguity is an ambiguity as to when the words used in the document are plain and clear but their application to the existing facts is doubtful due to some mistakes arising out of collateral facts related to the document. Thus the latent ambiguity is hidden ambiguity and evidence can be given to remove the hidden defect.

Principle:

According to the section the language used in the section is plain, but its application to the existing facts creates problem. In such circumstances the court has to rely on outside evidence to make the document more meaningful. Hence, extrinsic evidence can be given to remove latent ambiguity of the document. The section is based on the maxim falsa demonstration non nocet. It means that a false description does not vitiate the document.