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Section 116- The Indian Evidence Act, 1872

The Indian Evidence Act,1872

116. Estoppel of tenant and of license of person in possession –

No tenant of immovable property of 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 not person who came upon any immovable property by the license of the person in possession thereof, shall be permitted to deny that such person has a title to such possession at the time when such license was given.


Tenant can contest title of landlord

If old tenancy continues, notwithstanding attornment, tenant can always contend that plaintiff who claims to be landlord had not really derived title from original inductor; Sambhunath Mitra v. Khaitan Consultant Ltd., AIR 2005 Cal 281.

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The Indian Evidence Act, 1872

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