Estoppel cannot create title in immovable property; unproved dharmshala reservation left the owners' sale power intact.

Reservation of plot No. 19 as a dharmshala was not proved by reliable evidence, so the co-owners' title remained intact and the plaintiffs acquired no right to possession or injunction. A loudspeaker announcement did not show any authorised binding representation on behalf of the co-owners, and the description of the plot as "Dharmshala" in later maps did not create a perpetual restriction on sale where no registered deed contained such a covenant. Estoppel could not be used to create an interest in immovable property, and section 43 of the Transfer of Property Act, 1882 was inapplicable on the facts.

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Issues: Whether plot No. 19 was reserved for common use as a dharmshala so as to prevent its sale and entitle the plaintiffs to possession and injunction, and whether the co-owners were estopped from disputing such reservation.

Analysis: The alleged reservation was not proved by reliable evidence. The supposed announcement over a loudspeaker did not identify any person authorised to make a binding representation on behalf of the co-owners. The description of the plot as "Dharmshala" in some maps annexed to later sale deeds did not amount to a perpetual restriction on ownership, especially when the plot had already been sold by a registered deed and no sale deed contained any stipulation reserving it for common use. The subsequent purchasers were therefore at least constructively aware that the plot was not burdened by a restrictive covenant. Estoppel could not be used to create an interest in property, and Section 43 of the Transfer of Property Act, 1882 was inapplicable on the facts.

Conclusion: The reservation of plot No. 19 for a dharmshala was not established, the co-owners' title was not divested, and the plaintiffs had no enforceable right to seek possession or injunction.

Ratio Decidendi: A vague representation, unsupported by a binding covenant or clear authority, does not create an interest in immovable property, and estoppel cannot be invoked to confer title or defeat an owner's power of alienation.

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