114. Estoppel.---When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.
Illustration
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 must not be allowed to prove his want of title.
Judicial Interpretations
2026 SCLR 38 = 2025 SCP 480Jamaat Ali and others vs. Bahadur
--- S. 13 --- Qanun-e-Shahadat (10 of 1984), Art. 114 --- Suit for possession through pre-emption --- Waiver --- Scope --- Waiver is the voluntary relinquishment of a right and can be either express or implied --- Implied Waiver occurs when a party’s course of conduct is inconsistent with any intention other than waiving their rights --- Where a pre-emptor had full knowledge of a sale transaction i.e. residing with the vendor, present during bargain/registration but remained silent and failed to assert his right at the time of sale, he was deemed to have waived the right by acquiescence.
2026 SCLR 38 = 2025 SCP 480Jamaat Ali and others vs. Bahadur
--- S. 13 --- Qanun-e-Shahadat (10 of 1984), Art. 114 --- Suit for possession through pre-emption --- Waiver --- Scope --- A person is estopped by his own conduct if he intentionally permits another to believe a fact is true and acts upon it --- If a pre-emptor is aware of a sale that affects his rights but fails to object, he has a duty to speak --- Remaining silent while the vendee completes the transaction and takes possession induces a legitimate expectation that the sale will not be disturbed, thereby estopping the pre-emptor from challenging the sale at a later stage.
2025 SCLR 33 = 2025 SCP 482Mst. Safia Khanum and others vs. Additional District Judge-II East, Islamabad and others
--- O. II, R. 2 --- Qanun-e-Shahadat (10 of 1984), Art. 114 --- Doctrine of election --- Parallel forums --- Scope --- When a party chooses to initiate proceedings through a specific forum where parallel remedies are available, it cannot subsequently abandon that election to seek recourse through another forum --- Such an action is barred under the doctrine of election, read with the principles of estoppel --- Where petitioners opted to challenge revenue mutations before the revenue hierarchy but later instituted a civil suit for the same relief without exhausting the former, the suit was hit by the doctrine of election.