Section 122 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Certainly! Here's a detailed explanation of Section 122 of the Bharatiya Sakshya Adhiniyam (BSA), 2023, in English:
๐ Section 122 โ Estoppel of Tenant and Licensee of Person in Possession
Text of Section 122:
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.(aaptaxlaw.com)
๐ Understanding Section 122
Section 122 addresses the principle of estoppel in the context of landlord-tenant and licensor-licensee relationships concerning immovable property. It prevents tenants and licensees from disputing the title of their landlord or licensor, respectively, during the tenancy and even after it has ended.(apnilaw.com)
๐งฉ Key Points
Tenant's Estoppel:
A tenant cannot deny the title of the landlord at the beginning of the tenancy.
This estoppel applies during the tenancy and continues even after it ends.
The tenant's claim to the property is based on the landlord's title, and disputing it would undermine the basis of the tenancy.(apnilaw.com)
Licensee's Estoppel:
A licensee (a person who has permission to use the property but does not have legal possession) cannot deny the title of the person who granted the license.
This applies to the time when the license was granted and ensures that the licensee acknowledges the licensor's title.(apnilaw.com)
๐งพ Illustrations
Tenant Denying Landlord's Title:
A rents a house from B. After three years, A stops paying rent and claims that B was never the true owner. Under Section 122, A is estopped from denying Bโs title at the start of the tenancy, regardless of what later disputes may arise.(apnilaw.com)
Licensee Disputing Possession:
X permits Y to set up a food stall in a portion of Xโs land. Later, Y claims X has no right over the land. Section 122 prevents Y from disputing Xโs right to possession at the time the license was granted.(apnilaw.com)
โ๏ธ Importance of Section 122
Ensures Legal Certainty:
By preventing tenants and licensees from disputing the title of their landlords or licensors, Section 122 ensures stability and certainty in property relationships.(apnilaw.com)
Protects Landlords and Licensors:
It safeguards the interests of landlords and licensors by ensuring that their tenants and licensees cannot later challenge their title to the property.
Promotes Fairness:
The section promotes fairness by ensuring that individuals who accept benefits under a tenancy or license arrangement cannot later deny the foundation of that arrangement
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