All India Bar Examination (AIBE) 15-XV Previous Year Question Papers with Answers

Practice Mode:
7.

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 of the ground that, at the time of the sale, he had no title. He will not be allowed to prove his want of title.- Which Section of the Evidence Act is applicable?

A: Section 92
B: Section 124
C: Section 115
D: Section 101

The answer is: C

Explanation

The correct option is C: Section 115.

This section deals with the doctrine of estoppel, which prevents a person from denying the truth of a statement or fact that he or she has previously asserted or implied by conduct. In this case, A has intentionally caused B to believe that the land belongs to A and induced B to buy it. Therefore, A cannot later deny his or her own representation and claim that he or she had no title at the time of sale. This would amount to fraud and injustice to B, who acted on A's statement in good faith. Section 115 of the Evidence Act applies the principle of estoppel to such situations and prohibits A from proving his or her want of title.