Estoppel of tenant and of licensee of person in possession
AI Assist
Summary
A tenant cannot, during the tenancy or afterwards, deny that the landlord had title to the property when the tenancy began. Similarly, a person who entered by licence from the possessor cannot deny that the possessor had title to possession when the licence was given. The rule stops tenants and licensees from attacking the original possessor's title.
Example
Ravi rents a shop from Meera. Later Ravi sues a buyer claiming Meera had no title at the start of the lease; Ravi cannot deny Meera's title because he was her tenant when the tenancy began. Likewise, a carpenter who entered the shop with Ravi's licence cannot deny that Ravi had possession when he gave the licence.
Bare Act
Enacted textNo 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.
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