Feeding the Estoppel by Grant - Principles apply when a land title initially lost or extinguished is revived upon subsequent acquisition by the vendor, with rights passing to the purchaser even if the vendor did not possess the title at the time of conveyance SRI CHIKKAVENKATA RAMANAPPA AGED 80 YEARS S/O LATE APPANNAPPA R/AT KUNDALAHALLI VILLAGE DODDANEKKUNDI POST BANGALORE 560037 SINCE DEASED BY HIS LR’S vs THE SPECIAL LAND ACQUISITION OFFICER (INTERNATIONAL AIRPORT) KIADB BANGALORE - Karnataka, SRI CHIKKAVENKATA RAMANAPPA Vs THE SPECIAL LAND ACQUISITION OFFICER, - Karnataka.
Application under Section 43 of the Transfer of Properties Act - The doctrine is invoked when a property’s title, previously lost, is restored, thereby deeming the rights to have been passed on the purchaser at the time of transfer, based on the principle of feeding the grant by estoppel SRI CHIKKAVENKATA RAMANAPPA AGED 80 YEARS S/O LATE APPANNAPPA R/AT KUNDALAHALLI VILLAGE DODDANEKKUNDI POST BANGALORE 560037 SINCE DEASED BY HIS LR’S vs THE SPECIAL LAND ACQUISITION OFFICER (INTERNATIONAL AIRPORT) KIADB BANGALORE - Karnataka, SRI CHIKKAVENKATA RAMANAPPA Vs THE SPECIAL LAND ACQUISITION OFFICER, - Karnataka.
Judicial Recognition - Courts recognize and act upon decrees and rights established through this doctrine, even against statutory authorities, emphasizing its binding effect and relevance in property disputes Joseph Raj, S/O Shantappa VS State Of Karnataka - Karnataka.
Equity and Final Decree Participation - The doctrine allows assignees or parties to participate in final decree proceedings and claim shares based on equitable principles, reinforcing its role in ensuring rights are preserved and recognized RAJESH G. S/O. SRI.PRAKASH RAO G vs SENIOR DEPUTY GENERAL MANAGER (SDGM) - Karnataka (2022).
Re-grant and Title Establishment - When a property is re-granted after initial loss or sale, the doctrine supports establishing the title from the date of re-grant, especially when the original sale predates the re-grant, thus affirming the continuity of rights DANESHWARI AND ORS vs SRI. TUKARAM AND ORS - Karnataka.
Limitations and Specific Contexts - The doctrine is not applicable in all contexts, such as contracts for sale lacking the necessary elements, or where alienation occurs without holding any right or interest, indicating its specific scope of application CHUMMAR vs FRANKO - Kerala, INDKAR00000252060.
Promissory Estoppel and Concessions - Beyond property titles, the doctrine extends to contractual and governmental concessions, where reliance on promises or representations (e.g., grants or licenses) can create binding expectations, as seen in cases involving government concessions and export licenses Suchitra Cinema and Cultural Academy VS Commissioner, Bangalore Development Authority - Karnataka, Chowgule & Company Limited VS Assistant Director General of Foreign Trade - Supreme Court.
Analysis and Conclusion:Feeding the estoppel by grant is a doctrine rooted in equitable principles and codified in Section 43 of the Transfer of Properties Act, primarily applicable when a property's title, previously lost or extinguished, is revived through subsequent events like re-grant or acquisition. It ensures that rights are preserved and recognized based on the conduct and subsequent actions of the parties, especially in property transfer and re-grant scenarios. Its application is limited in contractual contexts lacking the necessary transfer elements and does not extend to mere agreements or licenses without the requisite interest or alienation. Additionally, the doctrine's principles are also invoked in promissory estoppel cases involving governmental concessions, emphasizing its broader relevance in legal doctrines related to reliance and fairness.
