LAW OF EVIDENCE 577
5. A. R. 209.
Plaintiff alleged that he had purchased the property in the suit for Rs. 10,000. Pressed for money he subsequently mortgaged it to his mother. That he redeemed the Mortgage a year after and took possession of the property.
The Defendant had obtained a decree against mother of the Plaintiff and in execution and satisfaction of the Decree had the property sold by Court Sale and purchased it Benamee and Plaintiff was ousted. The Plaintiff filed a suit for the recovery of the property.
The Defendant contended that Plaintiff was estopped from proving that he was the Owner because in a former suit Plaintiff had admitted that his mother was the Owner to that suit Defendant was not a party. Held there was no Estoppel.
Difference between Estoppel and Conclusive Proof.
1. Estoppel can be waived by the party in whose favour it operates. But conclusive proof cannot be waived.
Difference between Res Judication and Estoppel.
Res Judication prevents a man avering the same thing twice over in successive litigations.
Estoppel prevents a man from saying one thing at one time and the opposite at another. 36 Bom. 214.
English and Indian Law of Estoppel.
1. Under the English Law Estoppels are usually classed under three heads.
(i) Estoppel by Record.
(ii) Estoppel by Deed.
(iii) Estoppel by Conduct