Report No. 185

Section 116

We broadly accept the recommendation in para 58.31B by the 69th Report. Now section 116 as recommended in the 69th Report requires that the existing provisions of section 116 should be redesignated as subsection (1) with the addition of the words "or at any time thereafter if the tenant continues in possession after termination of the tenancy".

We agree with above recommendation with slight modification that the words "or the person claiming through such tenant" should also be added after the proposed words "if the tenant".

We recommend that section 116 should be substituted as follows:-

"116. Estoppel of tenant and of licensee of person in possession.- (1). No tenant of immoveable property, or person claiming through such tenant, shall, during the continuance of the tenancy or any time thereafter, if the tenant or the person claiming through such tenant, continuous in possession after termination of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such property; and no person who came upon any immoveable property by the licence 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 licence was given.

(2) Where a tenant in possession of immoveable property is attorned to another, the tenant or any person claiming through him shall not, during the continuance of the tenancy, or at any time thereafter if the tenant or the person claiming through him continues in possession after termination of the tenancy, be permitted to deny that the person to whom the tenant was attorned had, on the date of the attornment, title to such immoveable property; but nothing in this sub-section shall preclude the tenant or the person claiming through him from producing evidence to the effect that the attornment was made under mistake or was procured by fraud."