Yakubhai Ahmedji Mistri vs Imamuddin Husenuddin Kadri on 30 January, 1991
3.2 The learned counsel for the respondent has, in this connection, relied upon the case of M/s. Abduloani and Co. v. Gulam Hussain, reported in (1979) 20 Guj LR 827. While holding that unless there is a specific decision on the matter of controversy between the parties the principle of res judicata cannot be applied, it is also held that the principle of estoppels by conduct between the parties may come into operation on the facts and circumstances of' the case. In the instant case the tenant exercised his right to obtain adjudication on the question of standard rent and then abandoned the same. The only necessary implication which can be read into this is that by his own conduct the tenant accepted the claim of the landlord on the question of the quantum of' rent he was liable to pay.