Section 100 of BSA : Section 100: Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies.

Explanation using Example

Example 1:

Ravi agrees to lease to Sita "my shop at Market Street in the possession of Raj". Ravi owns a shop on Market Street, but it is not in the possession of Raj. He also owns another shop that is in the possession of Raj, but it is located on Temple Road. In this case, evidence can be provided to determine which shop Ravi intended to lease to Sita.

Example 2:

Priya agrees to sell to Arjun "my house in Green Park where Sunil lives". Priya owns a house in Green Park, but Sunil does not live there. She also owns another house where Sunil lives, but it is located in Rose Garden. Evidence can be introduced to clarify which house Priya meant to sell to Arjun.

Example 3:

Manoj agrees to rent to Neha "my apartment in Sector 15 occupied by Ramesh". Manoj has an apartment in Sector 15, but it is not occupied by Ramesh. He also has another apartment occupied by Ramesh, but it is in Sector 20. Evidence may be given to show which apartment Manoj intended to rent to Neha.

Example 4:

Anita agrees to transfer to Vikram "my farmland in Village A cultivated by Suresh". Anita owns farmland in Village A, but it is not cultivated by Suresh. She also owns farmland cultivated by Suresh, but it is in Village B. Evidence can be provided to determine which farmland Anita meant to transfer to Vikram.

Example 5:

Ramesh agrees to sell to Deepa "my factory in Industrial Area occupied by Kumar". Ramesh has a factory in the Industrial Area, but it is not occupied by Kumar. He also has another factory occupied by Kumar, but it is in the Commercial Zone. Evidence may be given to show which factory Ramesh intended to sell to Deepa.