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#ConstitutionofIndia
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#MadrasHighcourt #BharatiyaSakshyaAdhiniyam, #BSA2023
#Section122
#Tenant & #Licensee #Estoppel –
In the Indian legal system, truth and fairness are considered fundamental principles. Among these, the doctrine of “Estoppel” (a rule preventing denial) holds a significant place. This principle is clearly embodied in Section 122 of the Bharatiya Sakshya Adhiniyam, 2023, which plays a crucial role in preventing denial of rights in landlord–tenant and licence relationships.
Core Legal Principle
According to Section 122, a person who is a tenant of immovable property, or anyone claiming through such a tenant, is not permitted to deny that the landlord had title to the property at the beginning of the tenancy.
Similarly, if a person enters a property with the permission (licence) of the person in possession, such person cannot later deny that the person who granted the licence had the right to possession at the time the licence was given.
Why is this rule important?
The primary objective behind this rule is to ensure fairness and stability.
When a tenant or licensee:
Accepts a landlord or possessor
Obtains permission from them
Uses the property and derives benefit
It would be unjust to later claim:
“That person has no title or authority.”
This rule prevents such contradictory and unfair conduct.
Explanation – Tenant
A tenant:
Pays rent to the landlord
Enters into a tenancy relationship.
Thus: 👉 The tenant is deemed to have accepted the landlord’s authority
Therefore: ❌ During or even after the tenancy
The tenant cannot claim that the landlord had no title at the beginning.
🔑 Explanation – Licensee
If a person:
Enters a property with another’s permission (licence)
Then later: They cannot deny that the person granting permission had lawful possession at that time.
This is known as Licence Estoppel
Practical Illustration
For example:
A person rents a house and pays rent for several months. Later, when the landlord seeks eviction:
👉 The tenant argues: “He is not the owner.”
➡️ Under Section 122:
Such a defence will not be accepted by the court .
Important Exceptions
This rule is not absolute. Challenges may be allowed in limited situations:
✔ If the landlord’s title has changed or terminated later
✔ If the tenant himself becomes the owner
✔ If there was fraud or misrepresentation
🔍 Importance of the Law
Section 122:
Prevents unnecessary disputes in courts
Ensures stability in landlord–tenant relationships
Saves judicial time
Moreover: 👉 It acts as a strong support for landlords in eviction cases
Conclusion
Section 122 is not merely a technical rule; it is a principle that protects fairness and consistency in law.
A person who has accepted another as landlord or possessor and benefited from that relationship cannot later deny that very authority. This ensures order, justice, and integrity in legal proceedings.
In simple words:
“One who has accepted and benefited cannot later deny.”
#Chiefjusticeofindia
#Cji
#SupremeCourtofindia
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https://t.co/6f9S4Vguo3
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#AIM #FADL @FADEL_IPM #LicenSee #licensing
Read the RNS here:
https://t.co/dLPLWWcJOF
#voxmarkets #investing #shares #RNS via @VOXmarkets
Did you know?
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Looking forward to exhibiting at the world's largest licensing trade show, @licensingexpo, in two weeks! Visit #FADEL at Booth H105 to hear about our newest product, #LicenSee. Click here for more: https://t.co/DwNsf9MjYb
Thrilled to collaborate with License Global in exploring ways #licensees can differentiate themselves, streamline #licensing operations & win the hottest #licensed properties (from no matter which era)! Read the article here: https://t.co/9WBbC0iEHQ
#Licensing #LicenSee
Make a statement. Get back to #Licensing. With #LicenSee by FADEL, generate out-of-the-box royalty statements for Disney®, Hasbro®, Marvel®, and more, and eliminate hours of painstaking statement creation unique to each #licensor: https://t.co/Ju6JKG0kyy
🎯 More accurate. Less audit. With #LicenSee by FADEL, successfully reduce #audit efforts from months to days, reconcile with ease, and avoid penalties and then some! Click here for more: https://t.co/Ju6JKG0kyy
#Licensees #Licensing
Underway @AshmoleanMuseum #licensee day - the first one but certainly won't be the last !
#heritagelicensing
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#AIM #FADL @FADEL_IPM #licensing #LicenSee
Read Paul's article here: https://t.co/HyqYwiAE5q
#investing #shares #voxmarkets via @VOXmarkets
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They are exhibiting at the show as are @Search_Press
Good to spread the #licensing word !
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Who doesn't like a plantable book !
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Am attending @RCNFoundation #ImpactAwards2023 this evening. Very pleased to have helped the #RCNFoundation with @simonjgresswell again this year. Get in touch if you are a #licensee or #retailer who would like to work with #RCNFoundation #charity
Good luck to all nominees.
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