25 May 2026 12:24 PM

Eviction Petition-- Title of Landlord-- Tenant Inducted by Landlord Cannot Subsequently Dispute Landlord's Title

Under Section 122 of the Bharatiya Sakshya Adhiniyam, 2023, corresponding to Section 116 of the Indian Evidence Act, 1872, a tenant inducted into a property by a landlord is estopped from subsequently disputing the title of that landlord. This estoppel operates from the fact of induction itself. Where a tenant makes explicit admissions in cross-examination acknowledging the landlord's ownership and possession, contradictory claims of fraud or forged documents cannot be sustained. An unregistered and unstamped mortgage deed is legally inadmissible and cannot defeat a duly proved tenancy.

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