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PART IV PRODUCTION AND EFFECT OF EVIDENCE · CHAPTER VIII ESTOPPEL

Section 121: Estoppel

The Bharatiya Sakshya Adhiniyam, 2023

When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.

Illustration.

A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He must not be allowed to prove his want of title.

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

4 questions in 19 of our papers cite Section 121. Try these from the free papers:

  1. 1. A intentionally and falsely leads B to believe that a plot of land belongs to A, and B buys it and pays the price. Later, A actually acquires title to the land and sues to set aside the sale on the ground that he had no title when he sold it. Under the BSA:

  2. 2. Consider the following statements regarding estoppel, with reference to Section 121 of the BSA and B.L. Sreedhar v. K.M. Munireddy (2003): 1. Estoppel is not a cause of action; it is a branch of the law of evidence, though it may also be viewed as a substantive rule of law. 2. Detriment to the person who acted on the representation is among the elements of estoppel. 3. The estoppel under Section 121 binds only the person who made the representation, and never his representative. Which of the statements given above is/are correct?

  3. 3. Consider the following statements regarding estoppel under Section 121 of the BSA: 1. The representation must be made by a declaration in writing. 2. The estoppel binds the representative of the person who made the representation. 3. The person to whom the representation was made must have acted upon the belief so caused. Which of the statements given above is/are correct?

Practise questions on Bharatiya Sakshya Adhiniyam