Doctrine of Estoppel (Sec-115)

An estoppel is a principal of law by which a person is bound by his own previous representation
arising out of his conduct. It is a rule which prevents a person from denying his own statement
which he earlier made.
Eg- A tenant in his written statement stated that he had taken a room for business purpose and
not for residential purpose, he is bound by his declaration.
In short, “there is said to be an estoppel when a party is not allowed to say that a certain
statement of fact is untrue, whether in reality it is true or not”. An estoppel was termed as
“conclusion” or a “disability”.
Doctrine of estoppel is a rule of evidence dealing with question of facts and not of right. “The
principle is that it would promote fraud and litigation if a man is allowed to speak against his own
act or representation on the fact of which the other person was induced to alter his position.
The doctrine of estoppel is based on the maxim, allegans contraria non est audiendus meaning
a person alleging contradictory facts should not be heard.
In Tata Iron and Steel Co. LTD. Vs. U.O.I., it was held that the essentials of estoppel are precise
and unambiguous representation and unequivocal assurance prompting assured to alter his
position.