Question

A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He will not be allowed to prove his want of title. - Which Section of the Evidence Act is applicable?

• A. Section 92
• B. Section 124
• C. Section 115
• D. Section 101

Hint:

Estoppel under Section 115 prevents a person from contradicting their previous statements that another party has relied upon.

Answer 1

The Correct Option is C

Step 1: Understanding Section 101.
Section 101 of the Indian Evidence Act deals with the burden of proof. In this case, A is trying to prove that he had no title over the property, and Section 101 establishes that the burden of proof lies on the person who asserts a fact. Therefore, A would have to prove his claim that he had no title. Step 2: Analysis of Other Options.
- (a) Section 92 deals with the exclusion of oral evidence to contradict or vary written contracts, which is not applicable here. - (b) Section 124 deals with confidentiality of communications between an advocate and client, unrelated to the present issue. - (c) Section 115 deals with estoppel, but it is not relevant to the situation where the burden of proof is on A to show no title. Step 3: Conclusion.
Section 101 applies because it places the burden of proof on A to prove his assertion about the title.