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Estoppel Questions and Answers

1.

According to Section 115 of Indian Evidence Act, if a person makes a statement today, which misleads another person, he is not allowed to deny the statement tomorrow when the question of his liability arises. Which is being discussed here?

Exam Year(s)

DSSSB - 2023,

Answer: C

The rule that a person who by his declaration, act or omission has caused another to believe something and act on it cannot later deny the truth of it is estoppel, laid down in Section 115 of the Indian Evidence Act, 1872. The question's description of a statement made today that misleads another and cannot be denied tomorrow is exactly the section's wording in plain terms.

Witness is the subject of Chapter IX starting at Section 118, so it is not what Section 115 describes. Proof of cession and minor-tort and breach of agreement are not subjects of that section at all.

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2.

Choose the correct Option on the basis of an Assertion (A) and reasons(R) given below.

Assertion(A):- Estoppel of tenants and of licensee of person in possession is being discussed in Section 118 of Indian Evidence Act, 1872.
Reason(R):- No tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property; and no person who came upon any immovable property by the license of the person in possession there of shall be permitted to deny that such person had a title to such possession at the time when such license was given. This provision is talking about the Section116 of the Indian Evidence Act, 1872.

Exam Year(s)

DSSSB - 2023,

Answer: A

The Assertion is false but the Reason is true. The Reason sets out the rule that a tenant cannot deny his landlord's title at the beginning of the tenancy, and a licensee cannot deny the licensor's title; that is Section 116 of the Indian Evidence Act, 1872, as the Reason itself says, and its heading is estoppel of tenants and of licensee of person in possession.

The Assertion places that estoppel in Section 118, which is a different provision, the one that says who may testify. So the assertion is wrong and the reason is right, and the other options, which treat the assertion as true, are wrong.

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