Section 122 BSA: Estoppel of tenant and of licensee of person in possession
Bharatiya Sakshya Adhiniyam, 2023
Section 122 BSA at a Glance
Section 122 BSA deals with estoppel of tenant and of licensee of person in possession. It replaced Section 116 IEA on 1 July 2024.
Section 122 BSA Bare Act Text
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.
Source: Section 122, Bharatiya Sakshya Adhiniyam, 2023
Section 122 BSA in Simple Words
Section 122 of the Bharatiya Sakshya Adhiniyam, 2023 stops tenants and licensees from denying property title in court. It sets out a rule of estoppel (a legal bar that stops a person from denying an accepted fact).
The rule covers any tenant of immovable property (land or buildings) and anyone who claims through that tenant. While the tenancy continues, or at any time thereafter, they cannot deny that the landlord had title (legal right) to the property when the tenancy started.
The rule also covers a person who entered immovable property under a licence (permission) from the person in possession. That licensee cannot deny that the person in possession had title to such possession when the licence was granted.
When Section 122 BSA Applies
- Applies to a tenant of immovable property, or a person who claims through the tenant.
- Applies while the tenancy continues and at any time after the tenancy.
- Stops the tenant from denying that the landlord had title to the property when the tenancy started.
- Stops a person who entered property by licence from denying that the giver had title to possession when granting the licence.
Example of Section 122 BSA
Section 122 BSA in the IEA (Previous Law)
Section 122 BSA replaces Section 116 IEA from the old criminal code.
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.
FAQs on Section 122 BSA
What is Section 122 BSA?▼
Section 122 of the Bharatiya Sakshya Adhiniyam, 2023 is a rule of estoppel for immovable property. It stops a tenant, or a person claiming through the tenant, during the tenancy or at any time after, from denying that the landlord had title when the tenancy started. It also stops a licensee from denying that the person in possession had title to possession when the licence was granted.
Can a former tenant deny the initial title of the landlord after the tenancy ends under Section 122 BSA?▼
No. Section 122 BSA applies while the tenancy continues and at any time thereafter. A tenant cannot deny that the landlord had title to the immovable property when the tenancy began, even after the tenancy is over.
Does Section 122 BSA apply to a person who entered property under a licence?▼
Yes. A person who came onto immovable property with a licence from the person in possession is bound by Section 122 BSA. That licensee cannot deny that the person in possession had title to such possession when granting the licence.
What is Section 122 BSA in IEA?▼
Section 116 IEA is the earlier provision that became Section 122 BSA on 1 July 2024. Section 122 BSA extends the estoppel of a tenant to the continuance of the tenancy or at any time thereafter, whereas Section 116 IEA stopped at the continuance of the tenancy.
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Sources: Bare Act Text, Bharatiya Sakshya Adhiniyam, 2023 ·