SANJAY DIXIT (Advocate) 12 May 2008

ESTOPPEL

ESTOPPEL - (estopped) A bar which precludes someone from denying the truth of a fact which has been determined in an official proceeding or by an authoritative body. An estopple arises when someone has done some act which the policy of the law will not permit her to deny.

In certain situations, the law refuses to allow a person to deny facts when another person has relied on and acted in accordance with the facts on the basis of the first person's behavior.

There are two kinds of estoppel.

Collateral estoppel prevents a party to a lawsuit from raising a fact or issue which was already decided against him in another lawsuit.

Equitable estoppel prevents one party from taking a different position at trial than she did at an earlier time if the other party would be harmed by the change.

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6 Replies

Prakash Yedhula (Lawyer) 19 May 2008

What is estoppel by feeding the grant?

SANJAY DIXIT (Advocate) 20 May 2008

Estoppel by feeding the grant : The principle of the S. 43 of The Transfer of Property Act is based partly on the English doctrine of estoppel by deed and partly on the equitable doctrine that a man who has promised more than he can perform must make good his promise when he acquires the power of performance. Where a grantor has purported to grant an interest in land, which he did not at the time possess but subsequently acquires, the benefit of the subsequent acquisition goes automatically to the earlier grantee, or as it is usually expressed, feeds the grant of estoppel.

(Guest)

Thank you all.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 05 January 2009

Thanx for all, sir.

Ravi Arora (Advocate) 07 January 2009

thanx sir

Sushil Kumar Bhatia (Advocate) 08 January 2009

Dear,

In my case in ejectment suit lanlord denied the relationship with actual tenant by asking a ficticious person as his actual tenant The suit was dismissed in default of landlord thereafter landlord sent notice to actual tenant and filed suit against the actual tenant whether landlord bound by his admission in previous suit "There is no relationship of landlord & tenant with actual tenant "is covered under the doctrine of Estoppel.