IEA Section 116 — Estoppel of tenant; and of licensee of person in possession

Summary

A tenant who is renting land or a building cannot, while the tenancy is still ongoing, claim that the landlord did not actually own the property when the tenancy started. Similarly, anyone who was given permission to be on a property by the person who was in possession of it cannot later deny that the person who gave permission had the right to be in possession at that time.

Official Text

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 license 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 license was given.

Related Judgments

• KAMALJIT SINGH vs SARABJIT SINGH — Supreme Court of India (2014)
• BIMLA CHOPRA & ANR vs KULDEEP — Delhi High Court (2023)
• BANSRAJ LALTAPRASAD MISHRA vs STANLEY PARKER JONES — Supreme Court of India (2006)
• SRI GANGAI VINAYAGAR TEMPLE & ANR. vs MEENAKSHI AMMAL & ORS — Supreme Court of India (2014)
• LAJJAWATI SHARMA & ANR vs RAM CHANDER JAIN (DECEASED) THR LEGAL HEIRS — Delhi High Court (2025)
• SRI S.K. SARMA vs MAHESH KUMAR VERMA — Supreme Court of India (2002)

Old <-> New Code Mapping

• BSA §122 — Estoppel of tenant and of licensee of person in possession