Bishan Singh v. Khazan Singh

Facts

• Khazan Singh was a tenant inducted into possession of agricultural land by Bishan Singh (landlord).
• A dispute arose regarding title to the land, and Khazan Singh sought to deny Bishan Singh's ownership.
• Khazan Singh argued that Bishan Singh was never the true owner and therefore had no right to claim rent or eviction.
• The landlord relied on the principle of estoppel under S.116 IEA.

Issue

1. Whether a tenant who has been let into possession can deny the title of the landlord at the commencement of the tenancy during the subsistence of the tenancy relationship.

Held

• S.116 IEA creates an absolute estoppel against the tenant during the continuance of tenancy.
• The tenant cannot deny the landlord's title as it existed at the time of letting into possession.
• The estoppel is not limited to the period of tenancy but extends beyond, unless the tenant shows the landlord's title has since expired.
• The tenant may show that the landlord had no title or that title has been acquired by a third party by a paramount title, but only after surrendering possession.

Ratio Decidendi

The Court reasoned that S.116 IEA is founded on the principle that a person who has been given possession of property by another on the basis of a contractual relationship cannot approbate and reprobate. Having accepted the benefit of the tenancy, the tenant is bound by the implied admission of the landlord's title. This rule promotes certainty in landlord-tenant relations and prevents tenants from acquiring adverse possession while enjoying the property with the landlord's consent.