Section 122 Bharatiya Sakshya Adhiniyam, 2023: Estoppel of tenant and of licensee of person in possession

Section 122 of Bharatiya Sakshya Adhiniyam, 2023: Estoppel of tenant and of licensee of person in possession

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Court Sec 2(1)(a)

Legal Commentary & Landmark Judgments: Section 122

Section 122 establishes the statutory estoppel of tenant and licensee, prohibiting a tenant of immovable property or person claiming through them from denying that the landlord had title at the beginning of the tenancy.

Sanctity of Tenancy Relationship: A tenant who enters into possession under a landlord cannot challenge the landlord's title so long as tenancy subsists.
Licensee Estoppel: Applies equally to a licensee who entered into possession by permission of the licensor.
Condition Precedent: Surrender of Possession: The tenant can dispute title ONLY after openly and completely restoring physical possession back to the landlord.

Key Landmark Precedents:

Bansraj Laltaprasad Mishra v. Stanley Parker Jones (2006) 3 SCC 91: The Supreme Court held that Section 116 IEA (Section 122 BSA) bars a tenant from denying the landlord's title at the inception of tenancy; this estoppel endures until possession is delivered back.
Keshar Bai v. Chhunulal (2014) 11 SCC 438: Affirmed that a tenant inducted by a landlord cannot set up adverse possession or jus tertii (third-party title) to resist eviction.

Courtroom Practice & Strategic Litigation Guidance:

In eviction proceedings under Rent Control Acts or the Transfer of Property Act, if the tenant claims the property belongs to someone else or government authority, invoke Section 122 BSA to have that defense struck out summarily.