Section 116 IEA: Estoppel of tenants and of licensee of person in possession
Indian Evidence Act, 1872
Section 116 IEA at a Glance
Section 116 IEA deals with estoppel of tenants and of licensee of person in possession. From 1 July 2024 it is replaced by Section 122 BSA.
Section 116 IEA Bare Act Text
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.
Source: Section 116, Indian Evidence Act, 1872
Section 116 IEA in Simple Words
Section 116 of the Indian Evidence Act, 1872 stops tenants and licensees from denying property title in court. It applies 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) while the tenancy continues. During that time, the tenant cannot deny that the landlord had title (legal right) to the property when the tenancy started. Anyone who claims through the tenant is bound by the same bar.
The rule also covers anyone who came onto 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 116 IEA Applies
- Applies to a tenant of immovable property, or a person who claims through the tenant.
- Applies to the tenant during the period while the tenancy continues.
- 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 116 IEA
Section 116 IEA in the BSA
Section 116 IEA is now covered under Section 122 BSA.
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.
View detailed comparison (IEA 116 vs BSA 122) →FAQs on Section 116 IEA
What is Section 116 IEA?▼
Section 116 of the Indian Evidence Act, 1872 is a rule of estoppel for immovable property. During a tenancy, it stops a tenant or person claiming through the tenant from denying that the landlord had title when the tenancy began. It also stops a licensee from denying that the person in possession had title to possession when the licence was given.
Does Section 116 IEA apply to someone claiming through a tenant?▼
Yes. Under Section 116 IEA, the bar applies to a tenant of immovable property and also to any person who claims through that tenant. Neither can deny during the tenancy that the landlord had title when the tenancy began.
Can a licensee deny the possession title of the person who gave the licence under Section 116 IEA?▼
No. Under Section 116 IEA, a person who entered immovable property with a licence from the person in possession cannot make that denial. The licensee cannot deny that the person in possession held title to that possession when granting the licence.
What is Section 116 IEA in BSA?▼
Section 122 BSA became the corresponding provision for Section 116 IEA on 1 July 2024. Under Section 122 BSA, the estoppel of a tenant runs while the tenancy continues or at any time thereafter, whereas Section 116 IEA stopped at the continuance of the tenancy.
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Sources: Bare Act Text, Indian Evidence Act, 1872 ·