Indian Evidence Act, 1872 · Chapter VIII: Estoppel
Section 116: Estoppel of tenant; and of licensee of person in possession
The Indian Evidence Act, 1872 was repealed and replaced by the Bharatiya Sakshya Adhiniyam, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
A tenant of immovable property, or someone claiming through them, cannot during the tenancy deny that the landlord had title at the start of it. A person who entered property with the possessor's licence cannot deny that the possessor had a right to possession when the licence was given.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
No 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 licence of the person in possession there of shall be permitted to deny that such person had a title to such possession at the time when such licence was given.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Supreme Court judgments citing the section 116
- Sain Singh v. Uttam Singh Bal (Deceased) Through Lrs & Anr
- Sh. Shahabuddin v. Sh. Uttam Singh Bal ( Deceased Through Lrs) & Anr
- Badruddin v. Manjeet Singh Bal & Ors
- Rajiya Begum v. Rekha & Anr
- Wahabuddin & Ors v. Riyazuddin & Ors
- Satya Pal Pathak Through Gpa v. Vijay Kumar Kaushik
- Pradeep Kumar Malik v. Chander Dhingra
- Smt Rashida Bano v. Mst Yasmeen Begum
- Ashok Gupta & Anr v. Deepak Rao
- Arun Kumar Jain v. Padam Chand Jain
- Vijay Singh v. Smt. Jyoti Yadav
- M/S Greenways Through Its Partner v. Y.N. Gupta (Deceased) Through Its Lrs & Ors
- Anand Kumar Saluja v. Girish Kakar & Anr
- Nirmala Kumari & Ors v. Girish Kakkar & Anr
- Shyam Sunder Batra & Anr v. Girish Kakar & Anr
- Ashok Rani v. Kewal Arora
- Sumit Khurana & Anr v. Mohd Ibrahim
- Mohd Irfan v. Shaina Aftab & Ors
- Shiv Prakash v. Mool Chand & Ors
- Nawabuddin v. Shaffiulla@Raja
- Subhra Kabasi v. Ranjeet
- Amrit Mohini & Anr v. Sunita Struck & Ors
- Amrit Mohini & Anr v. Brij Mohan Gupta & Ors
- Amrit Mohini & Anr v. Sunita Struck & Ors
- Mohd. Adil v. Govt. of Nct, Delhi & Ors
- Sh. Vinay Kumar Soni v. Sh. Vijay Kumar
- Ratan Kumar and Anr v. Smt Santosh Jalutharia and Ors
- Pawan & Ors v. Mange Ram Gupta & Ors
- Nokia Technologies Oy v. Guangdong Oppo Mobile Telecommunications Corp Ltd & Ors
- Shadab Anjum & Ors v. Govt. of NCT of Delhi & Ors
- Coir Board v. Usha Malik
- Jagat Singh v. Union of India & Ors
- Bimla Chopra & Anr v. Kuldeep
- Rajbir Pal & Anr v. Kanwar Partap Singh
- Pradeep Malik v. Chander Dhingra
- Anita Jain v. Parveen Kumar Jain
- Assa Singh (D) by Lrs. v. Shanti Parshad (D) by Lrs. & Others
- Telangana State Wakf Board & Anr. v. Mohamed Muzafar
- Tanuku Taluk Village Officers’ Association v. Tanuku Municipality & Ors. Etc.
- Apollo Zipper India Limited v. W. Newman and Co. Ltd.
- Jaspal Kaur Cheema and Anr. v. M/S Industrial Trade Links and Ors. Etc.
- Om Prakash & Anr. v. Mishri Lal (Dead) Represented by His Lr. Savitri Devi
- Bismillah Be (Dead) by Lrs. v. Majeed Shah
- Satyendra Kumar & Ors. v. Raj Nath Dubey & Ors.
- Sri Gangai Vinayagar Temple & Anr. v. Meenakshi Ammal & Ors.
- Kamaljit Singh v. Sarabjit Singh
- Pratima Chowdhury v. Kalpana Mukherjee & Anr.
- Keshar Bai v. Chhunulal
- M/S Payal Vision Ltd. v. Radhika Choudhary
- Ramdas Bansal (D) v. Kharag Singh Baid & Ors.
- Karam Kapahi & Others v. M/S. Lal Chand Public Charitable Trust & Another
- Jaswant Kaur & Anr. v. Subhash Paliwal & Ors.
- Fgp Ltd. v. Saleh Hooseini Doctor and Anr.
- Biswanath Agarwalla v. Sabitri Bera & Ors.
- Ram Prakash Gupta v. Rajiv Kumar Gupta and Ors.
- Bhogadi Kannababu and Ors. v. Vuggina Pydamma and Ors.
- Bansraj Laltaprasad Mishra v. Stanley Parker Jones
- E. Parashuraman (D) by Lrs. v. V. Doraiswamy (D) by Lrs.
- Spun Casting and Engg. Co. Pvt. Ltd. v. Dwijendra Lal Sinha (Dead) Through Lrs. and Ors.
- R.V.F Venkatachala Gounder v. Arulmigu Viswesaraswami and V.P. Temple and Anr.
- T. Lakshmipathi and Ors. v. P. Nithyananda Reddy and Ors.
- Sri S.K. Sarma v. Mahesh Kumar Verma
- Rita Lal v. Raj Kumar Singh
- Ajit Kumar Singh and Ors. v. Chiranjibi Lal and Ors.
- Sheela and Ors. v. Firm Prahlad Rai Prem Prakash
- J.J. Lal Pvt. Ltd. and Ors. v. M.R. Murali and Anr.
- Vashu Deo v. Bal Kishan
- C. Chandramohan v. Sengottaiyan (Dead) by Lrs. and Ors.
- S. Thangappan v. P. Padmavathy
- M/S. Taraknath and Anr. v. Sushil Chandra Dey by Lrs. and Ors.
- Padmini Chandrasekharan (Since Deceased) Through Lrs. v. R. Rajagopal Reddy (Since Deceased) Through Lrs. and Ors.
- Bapu Mahadu. Mali & Ors. v. Vithalrao Bhausaheb Deshmukh and Anr.
- Maroti v. Tulsiram and Anr
- Smt. Anar Devi v. Nathu Ram
- Guru Amarjit Singh v. Rattan Chand and Ors.
- Subhash Chandra v. Mohammad Sharit and Ors.
- Pal Singh v. Sunder Singh (Dead) by Lrs. & Ors.
- Tej Bhan Madan v. II Additional District Judge and Others
- D. Satyanarayana v. P. Jagadish
- Udai Chand v. Shanker Lal & Others
- Sri Ram Pasricha v. Jagannath & Ors.