Doctrine of Acquiescene - Defendant must satisfy five ingredients

Citation

2019-2-L.W. 847

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on: 11.02.2019 Pronounced on: 27.02.2019 S.A.Nos.869 and 870 of 2006 and M.P.Nos.2 and 2 of 2006

T.Ravindran, J.

Banumathi and others.      ..Appellants

Vs.

Ambikapathi & others.     ...Respondnets

Prayer: Second Appeals filed under Section 100 of Civil Procedure Code, against the judgment and decree of Principal sub court, Mayiladuthurai, dated 21.11.2005 made in A.S.Nos.79 and 67 of 2005 confirming the judgment and decree of Additional District Munsif Court, Mayiladuthurai dated 15.02.2005 made in O.S.Nos.298 of 2003 and 321 of 2004.

Acquiescence/plea of, when arises

Doctrine of Acquiescene - Defendant must satisfy five ingredients Para 14

Acquiescence by way of equitable estoppel Defendant has to establish that he was in the possession and enjoyment of the disputed portion on the mistaken belief that same forms part of property allotted to him under partition deed and on that premise had put up the construction plaintiff also acquiesced to the claim of interest or right of the defendant in disputed portion and accordingly not putforth any resistance to the same, not asserted his right in respect of the disputed portion in any manner and on the other hand had been the silent spectator to the construction put up by the defendant in the disputed portion - Ingredients not established

Para 15