Estoppel on record

Querist : Anonymous (Querist) 18 August 2020 This query is : Resolved
THE DEFENDANT FRAUDULENTLY PARTITIONED PROPERTY AMONG SOME NAMES OF OCCUPANTS WRONGLY LISTED BESIDES THE NAMES OF TRUE CO-OWNERS BY MISREPRESENTING ONE OF THE OCCUPANT WRONGLY RECORDED. THE TRUE CO-OWNERS WERE DECEASED AND NOTICES WERE ADDRESSED TO THE DECEASED THEREFORE NONE APPEARED BEFORE THE DEPUTY COLLECTOR AND THE DEFENDANT GOT EXPART ORDER. LATER THE CAUSE OF ACTION TOOK PLACE WHEN THE DEFENDANT STARTED ILLEGAL CONSTRUCTION IN THE PART PARTITONED BY HIM. I FILED A CIVIL SUIT. NOW THE DEFENDANT PRODUCED AN OLD DEED OF SALE CLAIMING HIS PROPERTY IS THE SUIT PROPERTY. IN THE COURT OF THE DEPUTY COLLECTOR HE CLAIMED TO BE A CO-OWNER AMONG OTHER CO-OWNERS AND EQUALLY PARTITIONED A SHARE INSTEAD OF DEMARCATING THE PROPERTY. BUT BECAUSE THE PROPERTY DOCUMENT IS DEFECTIVE AND COULD BE REJECTED THE DEFENDANT PREFERRED PARTITION. IS THE DEFENDANT NOW ESTOPPED DENYING PARTITION AMONG OTHER CO-OWNERS? IF THIS PLEA WAS NOT MENTIONED IN THE PLAINT CAN IT BE RAISED IN THE ARGUMENT? OR WILL AMENDMENT BE NEEDED. THE CASE IS AT THE STAGE OF CROSS EXAMINATION. I HAVE A RIGHT TO THE PROPERTY AND I AM THE PLAINTIFF. THANKS FOR YOUR ADVICE.

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Quick Summary

A co-owner is suing after the defendant fraudulently partitioned property, misrepresenting occupants and obtaining an ex-parte order by serving notices to deceased individuals. The defendant now claims ownership via an old deed, contradicting their earlier claim of co-ownership and partition. The question is whether the defendant is now estopped from denying the partition, and if this argument can be raised without amending the initial civil suit, which is currently at the cross-examination stage.

Dr J C Vashista (Expert) 18 August 2020
Mr./ Ms Anonymous,
What is your locus standi / concern to the post ?

Rajendra K Goyal (Expert) 18 August 2020
All related papers / case file need to be referred for forming any opinion, or rewrite clear material facts with clear query.

Dr J C Vashista (Expert) 20 August 2020
Be brief and specific for forming proper opinion and oblige.

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