IEA 116→BSA 122

IEA 116 to BSA 122: Estoppel of tenants and of licensee of person in possession

Section 116 IEA (1872) replaced by Section 122 BSA (2023)

View IEA Section 116 →View BSA Section 122 →

IEA 116 to BSA 122 at a Glance

Section 116 IEA (Estoppel of tenants and of licensee of person in possession) is now Section 122 BSA, in force from 1 July 2024. What changed is set out below.

What Changed From IEA 116 to BSA 122?

Section 116 of the Indian Evidence Act, 1872 became Section 122 of the Bharatiya Sakshya Adhiniyam, 2023 on 1 July 2024. The tenant's estoppel now runs "during the continuance of the tenancy or any time thereafter", where the IEA stopped at the continuance of the tenancy.

IEA 116 vs BSA 122: Comparison Table

AspectIEA 1872 (repealed)BSA 2023 (in force)
Section116122
HeadingEstoppel of tenants and of licensee of person in possessionEstoppel of tenant and of licensee of person in possession

IEA 116 and BSA 122: Bare Act Text Side by Side

IEA 1872 (repealed)

Section 116, IEA 1872

116. Estoppel of tenants 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, 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 there of shall be permitted to deny that such person had a title to such possession at the time when such licence was given.
BSA 2023 (in force)

Section 122, BSA 2023

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.

When It Applies: IEA 116 vs BSA 122

Under IEA 116
  1. Applies to a tenant of immovable property, or a person who claims through the tenant.
  2. Applies to the tenant during the period while the tenancy continues.
  3. Stops the tenant from denying that the landlord had title to the property when the tenancy started.
  4. Stops a person who entered property by licence from denying that the giver had title to possession when granting the licence.
Under BSA 122
  1. Applies to a tenant of immovable property, or a person who claims through the tenant.
  2. Applies while the tenancy continues and at any time after the tenancy.
  3. Stops the tenant from denying that the landlord had title to the property when the tenancy started.
  4. Stops a person who entered property by licence from denying that the giver had title to possession when granting the licence.

What IEA 116 to BSA 122 Means in Practice

Section 116 IEA became Section 122 BSA on 1 July 2024. Under Section 122 BSA, a tenant or person claiming through the tenant is barred from denying the initial title of the landlord both while the tenancy continues and at any time thereafter, whereas Section 116 IEA stopped at the continuance of the tenancy. The rule for a licensee of a person in possession remains the same.

FAQs: IEA 116 to BSA 122

Does tenant estoppel stop when the tenancy ends under Section 122 BSA as it did under Section 116 IEA?▼

No. Section 116 IEA stopped at the continuance of the tenancy, whereas Section 122 BSA applies while the tenancy continues or at any time thereafter.

Did the rule for a licensee of immovable property change in Section 122 BSA?▼

No. Both Section 116 IEA and Section 122 BSA stop a person who entered immovable property by licence from denying that the person in possession had title to that possession when the licence was granted.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Evidence Act, 1872 · Bharatiya Sakshya Adhiniyam, 2023 ·