Section 122 BSA 2023: Estoppel of Tenant and Licensee of Person in Possession
Section 122 of the Bharatiya Sakshya Adhiniyam, 2023 deals with a specific rule of estoppel affecting tenants and persons who enter immovable property under a licence. In substance, a tenant cannot deny the landlord's title as it existed at the beginning of the tenancy, and a licensee cannot deny the licensor's title to possession as it existed when the licence was granted.
Text of Section 122 of the Bharatiya Sakshya Adhiniyam, 2023
"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."
The official text is available through India Code - Bharatiya Sakshya Adhiniyam, 2023 and the Ministry of Home Affairs - New Criminal Laws.
Meaning of Section 122 BSA
"Estoppel" is a rule that prevents a person from taking a position inconsistent with a state of affairs that the law does not permit that person to dispute in the circumstances. Section 122 applies that principle specifically to certain relationships connected with immovable property.
The provision has two distinct parts. The first concerns a tenant, and any person claiming through that tenant. The second concerns a person who entered immovable property under a licence granted by the person then in possession.
Estoppel of a Tenant
A tenant of immovable property is not permitted, during the tenancy or at any time thereafter, to deny that the landlord had title to the property at the beginning of the tenancy. The same restriction applies to a person claiming through that tenant.
The statutory focus is therefore on the landlord's title at the commencement of the tenancy. The provision does not state that every later question concerning title, transfer, succession, termination or a competing claim is automatically concluded. The exact issue must be examined in the context of the pleadings, facts and other applicable law.
Estoppel of a Licensee
A person who entered immovable property by the licence of the person in possession is not permitted to deny that the person who granted the licence had title to that possession when the licence was given.
This part of Section 122 concerns title to possession at the time of the licence. It supports consistency in the relationship between the person who permitted entry and the person who entered on that permission.
Scope and Practical Effect
| Relationship | What cannot ordinarily be denied under Section 122 | Relevant time |
|---|---|---|
| Tenant or person claiming through tenant | The landlord's title to the immovable property | At the beginning of the tenancy |
| Licensee who entered by permission of person in possession | The licensor's title to that possession | When the licence was given |
Section 122 is an evidentiary rule. It does not itself create a tenancy, licence or ownership right. Whether a tenancy or licence existed, when it began, whether it ended, and what rights follow from it can depend on the evidence and the substantive property or tenancy law applicable to the dispute.
Important: Application of estoppel can depend on the precise facts and the issue before the court. The statutory text should therefore be read with the pleadings, documents and applicable property, tenancy and procedural law.
Commencement and Pending Proceedings
The Bharatiya Sakshya Adhiniyam, 2023 is Act No. 47 of 2023 and came into force on 1 July 2024 under the Central Government notification dated 23 February 2024.
Section 170 repeals the Indian Evidence Act, 1872 but contains a savings provision. If an application, trial, inquiry, investigation, proceeding or appeal was pending immediately before the BSA came into force, that matter is to continue to be dealt with under the Indian Evidence Act, 1872 as if the BSA had not come into force.
For the official Act and commencement materials, see India Code and the Ministry of Home Affairs commencement notification.