What Is BSA Section 122?

Bhartiya Sakshya Adhiniyam, 2023 - Section 122: Estoppel of Tenant and of Licensee of Person in Possession

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.

Brief Detail

This section addresses the principle of estoppel concerning tenants and licensees of immovable property. It stipulates that tenants cannot deny their landlord's title to the property during the tenancy or afterwards. Similarly, individuals who enter a property through the permission of the person in possession cannot challenge that person's title at the time the license was granted.

Question & Answers

Q1: What does Section 122 of the Bhartiya Sakshya Adhiniyam, 2023 state?

A1: It states that tenants and licensees cannot deny the title of the landlord or the person in possession of immovable property during or after the tenancy.

Q2: Who is affected by this estoppel?

A2: Tenants of immovable property and individuals claiming through them, as well as licensees of the person in possession.

Q3: Can a tenant deny their landlord's title after the tenancy ends?

A3: No, a tenant is not permitted to deny the landlord's title at any time after the tenancy.

Q4: What about a licensee; can they challenge the title of the person who granted them access?

A4: No, a licensee cannot deny that the person who granted them the license had a title to the possession at the time the license was given.

Example

1. Case Example: If a tenant has been living in a property and later claims that the landlord did not own the property, they cannot deny the landlord's title during or after their tenancy.

2. Legal Application: A person who enters a property with permission cannot later argue that the person who allowed them access did not have the right to grant that permission.

Summary

Section 122 of the Bhartiya Sakshya Adhiniyam, 2023 establishes the estoppel principle for tenants and licensees regarding the title of immovable property. It prevents tenants from denying their landlord's title and protects the rights of individuals who enter a property by the permission of the person in possession, ensuring that they cannot contest that person's title at the time of licensing.