Section 97 of BSA : Section 97: Exclusion of evidence against application of document to existing facts.

Explanation using Example

Example 1:

Ravi sells to Sita, by a written agreement, "my house at Green Park, Delhi, measuring 2000 square feet". Ravi indeed owns a house at Green Park, Delhi, which measures exactly 2000 square feet. Later, Ravi tries to argue that he actually intended to sell his house in another locality, which is smaller in size. According to Section 97 of The Bharatiya Sakshya Adhiniyam 2023, Ravi cannot present evidence to show that he meant a different house because the language in the document is clear and accurately applies to the existing facts.

Example 2:

Manoj leases to Priya, by a lease deed, "my shop at Connaught Place, New Delhi, with an area of 500 square feet". Manoj owns a shop at Connaught Place, New Delhi, which is exactly 500 square feet. Later, Manoj tries to claim that he intended to lease a different shop located in another market area with a different size. Under Section 97 of The Bharatiya Sakshya Adhiniyam 2023, Manoj cannot introduce evidence to show that he meant a different shop because the document's language is plain and accurately describes the existing shop.

Example 3:

Anita sells to Rajesh, by a sale deed, "my agricultural land in Haryana, measuring 50 acres". Anita owns agricultural land in Haryana that measures exactly 50 acres. Later, Anita attempts to argue that she intended to sell a different piece of land located in Punjab, which is smaller. According to Section 97 of The Bharatiya Sakshya Adhiniyam 2023, Anita cannot provide evidence to show that she meant a different piece of land because the language in the document is clear and accurately applies to the existing facts.

Example 4:

Vikram mortgages to Neha, by a mortgage deed, "my flat in Bandra, Mumbai, with an area of 1500 square feet". Vikram owns a flat in Bandra, Mumbai, which is exactly 1500 square feet. Later, Vikram tries to argue that he actually intended to mortgage a different flat in another part of Mumbai, which is smaller. Under Section 97 of The Bharatiya Sakshya Adhiniyam 2023, Vikram cannot present evidence to show that he meant a different flat because the document's language is plain and accurately describes the existing flat.