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BSA · Section 122 · Chapter VIII — ESTOPPEL

Estoppel of tenant and of licensee of person in possession.

What this section does

A tenant cannot, during or after the tenancy, deny that the landlord had title to the immovable property at the commencement of the tenancy. Similarly, a licensee who entered immovable property under a licence cannot deny that the licensor had title to possession when the licence was granted.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

The rule in one line

Tenants and licensees are estopped from denying their landlord's or licensor's title at the time the tenancy or licence began.

When it applies

  • A tenant who has been paying rent for five years cannot, in an eviction suit, challenge the landlord's title to the property.
  • A person who entered land under a licence from the possessor cannot deny the licensor's possessory title in a trespass proceeding.
Old-law correspondence

Derived from IEA s.116.

Read the official text

For the binding statutory text of BSA Section 122, refer to the Gazette of India or the India Code official website.

Why this matters

BSA Section 122 forms part of Bharatiya Sakshya Adhiniyam which replaced the Indian Evidence Act 1872 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.