BSA Section 122 — Estoppel of tenant and of licensee of person in possession

Summary

A tenant of immovable property, or anyone claiming through that tenant, cannot deny that the landlord had title to the property at the start of the tenancy. This restriction applies during the tenancy and at any time after it ends.

Similarly, a person who came onto immovable property with the permission (licence) of the person in possession cannot deny that the person giving permission had title to that possession at the time the permission was given.

Official Text

No tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy or any time thereafter, 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 thereof shall be permitted to deny that such person had a title to such possession at the time when such licence was given.

Referred to by

• BSA §108 — Burden of proving that case of accused comes within exceptions

Related Judgments

• Mr. Pradeep Kumar Arya, Mr. Aditya; Kumar; Yadav; Mr.; Gaurav; Chaudha vs SUDERSHAN KUMAR JAIN — Delhi High Court (2025)
• LAJJAWATI SHARMA & ANR vs RAM CHANDER JAIN (DECEASED) THR LEGAL HEIRS — Delhi High Court (2025)
• MUSARRAT ALI vs TASNEEM JAHAN — Delhi High Court (2025)
• KAPIL SACHDEV vs PINAKI PRASAD — Delhi High Court (2025)

Old <-> New Code Mapping

• IEA §116 — Estoppel of tenant and of licensee of person in possession