Supreme Court · 1990 INSC 269 · Decided 5 September 1990

Indira Bai v. Nand Kishore

Court
Supreme Court of India
Citation
1990 INSC 269 · [1990] SUPP. 1 S.C.R. 349
Case number
CIVIL APPEAL No. 105/1990
Decided
5 September 1990
Bench
K. JAGANNATHA SHETTY, R.M. SAHAI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Evidence Act

Headnote

B Indian Evidence Act,. 1872: Section 115-Estoppel-Basis of the principle-Applicability in regard to right of pre-emption-Exception in case it involves public right or interest. Rajasthan Pre-emption Act, 1966: Section 8-Rights of pre- C emptor-Operation of rule of estoppel or waiver against such of registered sale deeds. She constructed therein a godown and a two-storeyed build- itJg with the knowle4ge and assistance of the respondent, who did not D §ay ~nY.thing about (he commo!l passage and had never expressed his intentfon to pre-empt the sales. Soon after the constructioIJ was

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