LAW OF EVIDENCE 579
ยง Particular Estoppels.
- Section 115 deals with Estoppels in general, sections
116 and 117 deal with particular Estoppels.
- The distinction between Estoppels under Section 115 and Estoppels under 116-117 may be noted.
(i) Estoppels under section 115 can arise between any two parties. It is not necessary that they should be related by a particular legal tie. Estoppels under 116-117 arise only between parties who are related by a particular relationship.
(ii) Estoppel under 115 arises by reason of misrepresentation of facts by one party to another. Estoppel under 116, 117 arise by reason of agreement between the parties which has forged a particular relationship between them.
Section 116. deals with Estoppels between
(i) Landlord and Tenant and
(ii) Licensee and Licensor of immoveable property.
I. Landlord and Tenant.
This Estoppel applies to the tenant of immoveable property.
This estoppel applies also to a person claiming through the tenant. In other words, if a tenant sublets his property without the knowledge or permission of the landlord, the subtenant will also be estopped from denying that the landlord had the title in the beginning,
This Estoppel does not ensure to the benefit of a person claiming through the landlord.
There are two possible cases in which premises may be let:
(i) Where the Plaintiff has let the Defendant into possession of the land.
(ii) When Plaintiff is not himself the person who lets the Defendant into possession, but claims under a title derived from the person who did.