Estoppel in 9 cards. No going back.

The law.

Article 114, Qanun-e-Shahadat.

“When one person has by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.”

Qanun-e-Shahadat Order, 1984 · Article 114, Estoppel

The rule. Cards 1 to 3.

Article 114.

• EstoppelMade another believe a thing and act on it: cannot deny it. (Art. 114)
• Who is boundHe and his representative, in a suit between them. (Art. 114)
• The landA sells land he does not own, later gets title: cannot undo the sale. (Illus.)

Tenants. Cards 4 to 6.

Article 115.

• TenantCannot deny the landlord had title when the tenancy began. (Art. 115)
• Through himSame for anyone claiming through the tenant. (Art. 115)
• LicenseeCannot deny the licensor had title to possession then. (Art. 115)

Bills, bailment. Cards 7 to 9.

Article 116.

• AcceptorCannot deny the drawer had authority to draw the bill. (Art. 116)
• BaileeCannot deny the bailor's authority when bailment began. (Art. 116)
• ExceptionsAcceptor may deny who drew it. Bailee may prove a third party's right. (Expl. 1, 2)

Quick quiz. The tenant.

Guess first, then swipe for the answer.

• A. Yes, at any time
• B. No, vacate first
• C. Only in the rent court

Answer: B. 2026 SCMR 717.

Supreme Court, Article 115.

• The ruleA tenant in possession is estopped from disputing the landlord's title.
• The routeVacate and surrender possession first, then contest title.

Quick quiz. The bystander.

Guess first, then swipe for the answer.

• A. Yes, presence is enough
• B. Not by presence alone
• C. Only if he signed

Answer: B. Presence is not enough.

Reported headnotes, Supreme Court.

• 2008 SCMR 296Mere presence at the time of marking does not constitute estoppel.
• 1996 SCMR 808Mere presence when the bargain was struck was no estoppel or waiver.

More than evidence.

2022 SCMR 1454, Supreme Court.

• Its basisFounded on equity, to prevent fraud and ensure justice.
• Its effectA rule of evidence that may also create substantive rights.

Stuck on estoppel?

Ask FAI. It answers with the exact article and the judgments that explain it.

• Explain Article 115 Qanun-e-Shahadat with case law on tenants denying title.
• Difference between estoppel and waiver, with examples.

Example questions

Sources

• Qanun-e-Shahadat Order, 1984 · Article 114
  Estoppel Pakistan Code