Supreme Court of India · 1990-09-05
INDIRA BAI vs NAND KISHORE
- Citation / case number
- SC 1990/77012
- Court
- Supreme Court of India
- Petitioner
- INDIRA BAI
- Respondent
- NAND KISHORE
- Author
- R.M. SAHAI
- Bench
- R.M. SAHAI
Judgment text excerpt
The Supreme Court held that the principles of estoppel and waiver can apply to pre-emption rights under the Rajasthan Pre-emption Act, 1966, specifically Section 8, which requires notice to be served by the vendor. The Court clarified that estoppel is a rule of equity that prevents a party from asserting a claim if their previous conduct contradicts that claim. The Court allowed the appeal, overturning the High Court's decision that had dismissed the applicability of estoppel in this context, emphasizing that failure to serve notice does not invalidate the sale and can be waived by the pre-emptor.