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Practice paper — BSA Chapter VIII — Estoppel

15 questions · answer key at the end · no time limit

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1.What is the primary legal effect of Section 121 (Estoppel) of the Bharatiya Sakshya Adhiniyam, 2023?
- (A) It allows a person to deny a fact in any suit between the parties.
- (B) It prevents a person who intentionally caused another to believe a fact from denying the truth of that fact in a suit between them.
- (C) It permits denial of a fact if the person acquires title later.
- (D) It applies only against third parties who relied on the representation.
2.Which of the following can give rise to estoppel under Section 121?
- (A) A declaration, an act or an omission.
- (B) Only written declarations.
- (C) Only physical acts (not omissions).
- (D) Only omissions (not declarations or acts).
3.Under Section 121, is intention required for estoppel to arise?
- (A) No, estoppel arises even if the belief was caused unintentionally.
- (B) Yes, but only if the maker knew the precise legal consequences of the belief.
- (C) Yes — the provision requires that the declaration, act or omission intentionally caused the other to believe the fact.
- (D) No, mere negligence in making the representation is sufficient.
4.Between which parties does the estoppel under Section 121 operate?
- (A) It operates against any third party who relied on the representation.
- (B) It operates in any suit or proceeding between the representor and the person he caused to believe the fact, or that person's representative.
- (C) It operates only against the representor's own representatives.
- (D) It operates between the representor and the court as a party.
5.In the illustration given with Section 121, after A's land later becomes his property, can A set aside the sale by proving that at the time of sale he had no title?
- (A) Yes — A can set aside the sale because he acquired title later.
- (B) No — A must not be allowed to prove his want of title because he intentionally and falsely led B to believe the land belonged to him.
- (C) Only if B had express notice of A's lack of title at the time of sale.
- (D) Only if A's later title is defective.
6.According to Section 122, which person is expressly prevented from denying that the landlord had a title to immovable property at the beginning of the tenancy?
- (A) A tenant of the immovable property, or a person claiming through such tenant
- (B) Only the landlord
- (C) Only a licensee who entered with permission
- (D) Any person in possession of the property
7.What is a person who came upon immovable property by the licence of the person in possession not permitted to deny under Section 122?
- (A) That the licence conveyed ownership of the property
- (B) That the person in possession had a title to such possession at the time when such licence was given
- (C) That the licence was revocable at any time
- (D) That the landlord had a title at the beginning of a tenancy
8.If a tenancy has terminated, can the former tenant deny that the landlord had a title at the beginning of the tenancy under Section 122?
- (A) Yes — once tenancy ends the estoppel ceases
- (B) No — the tenant is not permitted to deny even after the tenancy ends
- (C) Only if the landlord regains possession
- (D) Only while the tenant remains in occupation
9.May a person who entered by licence deny that the person in possession had title at a time after the licence was given?
- (A) No — they are permanently estopped from denying title at any later time
- (B) Yes — the estoppel only concerns title "at the time when such licence was given," so later denials are not covered by this provision
- (C) No — the estoppel applies throughout the licence period and afterwards
- (D) Yes — but only if the licence was oral rather than written
10.Which of the following accurately states the key distinction between the estoppel applied to tenants and to licencees under Section 122?
- (A) Both tenants and licencees are estopped from denying the title of the person they derived possession from at any time thereafter
- (B) A tenant is estopped only during the tenancy, while a licencee is estopped indefinitely
- (C) A tenant cannot deny the landlord’s title at the beginning during tenancy or anytime thereafter; a licencee cannot deny that the person in possession had title at the time the licence was given
- (D) A tenant is estopped only from denying possession but not title, whereas a licencee is estopped only from denying title
11.Under Section 123 of the Bharatiya Sakshya Adhiniyam, which of the following is true about an acceptor of a bill of exchange?
- (A) He shall not be permitted to deny that the drawer had authority to draw such bill or to endorse it.
- (B) He may always deny that the bill was really drawn by the person by whom it purports to have been drawn.
- (C) He is permitted to deny that his bailor had authority to make a bailment.
- (D) He may deny that the drawer had authority only if the bill is dishonoured.
12.According to Section 123, when is a bailee or licensee estopped from denying that his bailor or licensor had authority?
- (A) At the time when the bailment or licence commenced.
- (B) Only while the bailment is in effect and not after termination.
- (C) Whenever the bailee delivers goods to any third person.
- (D) Only if the bailor was the original owner of the goods.
13.If a bailee delivers the goods bailed to a person other than the bailor, what does Section 123 allow the bailee to prove?
- (A) That the bailment was void from the beginning.
- (B) That the bailor had no authority at the time of commencement.
- (C) That such person had a right to them as against the bailor.
- (D) That the bailee thereby becomes the owner of the goods.
14.Which denial is expressly permitted to an acceptor by Explanation 1 to Section 123?
- (A) Denying that the bill was really drawn by the person by whom it purports to have been drawn.
- (B) Denying that the drawer had authority to endorse the bill.
- (C) Denying that the bailment ever commenced.
- (D) Denying that the licensor had authority at the time the licence commenced.
15.Which of the following correctly states Section 123 together with its explanations?
- (A) An acceptor may be estopped from denying the drawer's authority and may not deny that the bill was really drawn by the person it purports to have been drawn by.
- (B) A bailee who delivers goods to a person other than the bailor may not prove that that person had rights against the bailor.
- (C) An acceptor is not permitted to deny that the drawer had authority, but may deny that the bill was really drawn by the person by whom it purports to have been drawn.
- (D) A licensee may deny that his licensor had authority at the time the licence commenced.

Answer key

1. B2. A3. C4. B5. B6. A7. B8. B9. B10. C11. A12. A13. C14. A15. C

Explanations

1. (B) The provision states that when a person has by his declaration, act or omission intentionally caused another to believe something, he shall not be allowed in any suit between himself and that person (or representative) to deny the truth of that thing. Thus the effect is to bar the maker from denying what he induced another to believe.
2. (A) Section 121 expressly refers to a person having, by his declaration, act or omission, intentionally caused another to believe something. Therefore any of those—declaration, act or omission—can give rise to the estoppel.
3. (C) The provision specifies the situation where a person has "intentionally caused" another to believe something by declaration, act or omission. Thus intention to cause the belief is a required element under Section 121.
4. (B) Section 121 states the bar applies "in any suit or proceeding between himself and such person or his representative." Therefore the estoppel operates in suits between the maker of the representation and the person induced to believe it, or that person's representative, not against unrelated third parties.
5. (B) The illustration states that A intentionally and falsely led B to believe the land belonged to him and induced the sale, and that A "must not be allowed to prove his want of title." Thus even though A later acquires the land, he cannot set aside the sale by proving lack of title at the time.
6. (A) The provision states that "No tenant of immovable property, or person claiming through such tenant, shall ... be permitted to deny that the landlord ... had, at the beginning of the tenancy, a title." Thus the estoppel applies to the tenant or persons claiming through the tenant.
7. (B) The provision says: "no person who came upon any immovable property by the licence of the person in possession thereof shall be permitted to deny that such person had a title to such possession at the time when such licence was given." It therefore bars denial of title at the time the licence was given.
8. (B) Section 122 explicitly provides that a tenant "shall, during the continuance of the tenancy or any time thereafter, be permitted to deny" the landlord's title. This means the estoppel continues even after the tenancy has ended.
9. (B) The provision limits the licence-based estoppel to denying that the person in possession "had a title to such possession at the time when such licence was given." It does not extend that prohibition to title at later times, so later denials are not barred by this clause.
10. (C) Section 122 provides two distinct rules: tenants (or those claiming through them) "shall, during the continuance of the tenancy or any time thereafter, be permitted to deny that the landlord ... had, at the beginning of the tenancy, a title," while licencees are barred from denying that the person in possession "had a title to such possession at the time when such licence was given." This captures the correct contrast in subject and timing.
11. (A) Section 123 states: 'No acceptor of a bill of exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it.' The provision thus estops the acceptor from denying the drawer's authority.
12. (A) Section 123 provides that 'nor shall any bailee or licensee be permitted to deny that his bailor or licensor had, at the time when the bailment or licence commenced, authority to make such bailment or grant such licence.' The estoppel relates to authority at commencement.
13. (C) Explanation 2 to Section 123 states: 'If a bailee delivers the goods bailed to a person other than the bailor, he may prove that such person had a right to them as against the bailor.' Thus the bailee may prove the third party's right vis-à-vis the bailor.
14. (A) Explanation 1 explicitly provides: 'The acceptor of a bill of exchange may deny that the bill was really drawn by the person by whom it purports to have been drawn.' This allows a challenge to the identity of the drawer.
15. (C) Section 123 states the acceptor 'shall not be permitted to deny that the drawer had authority,' while Explanation 1 clarifies the acceptor 'may deny that the bill was really drawn by the person by whom it purports to have been drawn.' This combination is correctly reflected in the third option.