Under Section 122 of the Bharatiya Sakshya Adhiniyam, 2023, the tenant is estopped from denying the…

Section 122 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly section 116 of the Indian Evidence Act, 1872) provides that no tenant shall, "during the continuance of the tenancy or any time thereafter", be permitted to deny that the landlord had title to the property at the beginning of the tenancy. The estoppel arises only once a tenancy is created, so "Before creation of tenancy" is wrong; and because the BSA has added the words "or any time thereafter", the bar is no longer confined to the continuance of the tenancy, so "Only during the continuance of the tenancy" is also wrong. Subsequent extinguishment of the landlord's title must still be distinguished from a denial of his title at the beginning of the tenancy.