No tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property; and no person who came upon any immovable property by the licence of the person in possession there of shall be permitted to deny that such person had a title to such possession at the time when such licence was given.
CHAPTER VIII.––ESTOPPEL
Section 116: Estoppel of tenant; and of licensee of person in possession
The Indian Evidence Act, 1872 (repealed)
Repealed by the Bharatiya Sakshya Adhiniyam, 2023 (47 of 2023) with effect from 1 July 2024.
Now in the BSA
As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table
| 116. Estoppel of tenants and of licensee of person in possession. | BSA 122 |
Questions on this section
2 questions in 13 of our papers cite Section 116. Try these from the free papers:
1. Assertion (A): A tenant who has given up possession of the premises may, in a later suit, deny that his landlord had title to the premises at the beginning of the tenancy. Reason (R): Section 122 of the BSA bars a tenant from denying that his landlord had title at the beginning of the tenancy, during the continuance of the tenancy or any time thereafter.