Estoppel of tenant; and of licensee of person in possession
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Summary
During a tenancy a tenant may not deny that the landlord had title to the immovable property when the tenancy began. Similarly, someone who entered property with the permission (license) of the person in possession cannot deny that the possessor had title to the possession at the time the license was given. The rule stops occupants from contradicting the possessor's initial title while the tenancy or licence lasts.
Example
Ravi rents a shop from Meera for one year. After a dispute Ravi claims Meera never had title to the shop. While his tenancy continues he cannot deny that Meera had title at the start of the tenancy, so he cannot use that claim against her in the ongoing dispute.
Bare Act
Enacted textNo 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 license 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 license was given.
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