​Indian Evidence Law – Bharatiya Sakshya Adhiniyam 2023 – Estoppel of Tenant and of the Licensee of the Person in Possession [Section 122]

Section 122 embodies the doctrine of estoppel in the context of immovable property and applies to two specific relationships:

1. Landlord and tenant, and
2. Licensor and licensee (of a person in possession).

The foundational idea is that a person who enters into possession of immovable property by recognising another’s title or possession cannot later deny that title or possession while continuing to enjoy the benefit derived from it.

Statutory ProvisionSection 122 provides that:

• Tenant’s estoppel:
  No tenant of immovable property, nor any person claiming through such tenant, shall, during the continuance of the tenancy or at any time thereafter, be permitted to deny that the landlord had a title to such immovable property at the beginning of the tenancy.
• Licensee’s estoppel:
  No person who came upon any immovable property by the licence of a person in possession thereof shall be permitted to deny that such person had a title to such possession at the time when the licence was granted.

(a) Scope and Rationale
This Section governs estoppel in:

• landlord–tenant relationships, and
• licensor–licensee relationships.

A tenant or licensee enters into possession by accepting the authority, title, or possession of the landlord or licensor. Equity and fairness require that such a person should not be allowed to question that authority while still enjoying the benefits of possession. The law prevents a person from “approbating and reprobating” at the same time.
The emphasis is on the words “at the beginning of the tenancy”. Even if the landlord’s title is defective, the tenant cannot deny it so long as he remains in possession under that tenancy.

(b) Estoppel of Tenant Continues So Long as Possession Continues
An estoppel arises the moment the relationship of landlord and tenant is created. This estoppel:

• operates during the subsistence of the tenancy, and
• continues even after the expiry of the tenancy period until possession is surrendered.

For the purposes of Section 122, a tenancy does not truly come to an end merely on the expiry of time; it ends only when the tenant restores possession to the landlord. As long as the tenant remains in possession, he is barred from disputing the landlord’s title.

(c) Estoppel Confined to the Initial State of Affairs
The estoppel under Section 122 is limited to the state of affairs existing at the commencement of the tenancy or licence. It does not prevent the tenant from relying on subsequent events, such as:

• acquisition of ownership by the tenant after the tenancy began, or
• loss of title by the landlord during the intervening period.

In Sri Ram Pasricha v. Jagannath & Ors., the Supreme Court reiterated that a tenant is estopped from questioning the landlord’s title in a suit for eviction. The Court further observed that the title of the landlord is generally irrelevant in eviction proceedings so long as the jural relationship of landlord and tenant subsists.
The estoppel may cease to operate in limited circumstances, such as:

• where the tenant has been validly attorned to a person having a superior or permanent title, or
• where the landlord has lost his title during the tenancy.

Key Principles Summarised

• The rule of estoppel subsists during the pendency of a tenancy, licence, or sub-lease, irrespective of defects in the landlord’s title.
• The tenant or licensee is barred from denying the landlord’s or licensor’s title as it existed at the commencement of the relationship.
• The estoppel continues until possession is openly surrendered or the occupant is evicted.

(d) Estoppel against Licensee
A licensee who has entered into possession under a licence must first surrender possession before challenging the licensor’s title. As long as the licensee continues in possession under the licence, he cannot deny that the licensor had lawful possession or authority at the time the licence was granted.

Conclusion
Under the Indian Evidence Law – Bharatiya Sakshya Adhiniyam, 2023, Section 122 reinforces stability in property relations by preventing tenants and licensees from disputing the very title or possession under which they entered. The provision ensures consistency, fairness, and respect for contractual and possessory relationships, forming a vital part of the law of estoppel in evidence jurisprudence.