Allotment of a plot— The writ petitioner forwarded a proposal to the Ministry of Defence to allot the plot jointly and necessary approval was given by the Ministry after cancelling the previous allotment in favour of the writ petitioner respondent No.1 as per condition No.6(Ga) of the prospectus of defence officers' housing project.
The facts proved has given rise to waiver and acquiescence, waiver i.e. abandonment of right and acquiescence for which the writ petitioner is estopped from challenging or alleged enforcement of his previous allotment in the single name. The conduct of the writ petitioner, however, clearly manifests that a Court of law can reasonably and validly make a inference of waiver and acquiescence. Even act of the writ petitioner-respondent and his participation in subsequent transaction do not, however, show any of his unwillingness or lack of consent at any time of the transaction. The writ respondent as well participated in the transaction by contributing sufficient fund at her disposal even at the stage of construction of the building as has been detailed in her affidavit-in-opposition. The conduct of the parties sufficiently manifests the principle of estoppel of waiver and acquiescence as well. The appeal is allowed. .....Major (Rtd) Quazi Hasna Hena Begum =VS= Lt. Col. Kazi Mansurul Islam, (Civil), 2025(2) [19 LM (AD) 482] ....View Full Judgment