580 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
This section applies to the first case and estops the tenant from denying the Landlord’s title. It does not apply in the second case where the title of the landlord is derivative i.e. by sale, lease or inheritance so that when the Plaintiff claims by a derivative title, the defendant is not estopped from showing that the title is not in the Plaintiff but in some other person. The tenant can show that he has no derivative title. This is the effect of the absence of the words “claiming through the landlord”.
This estoppel applies to a denial of title at the beginning of the tenancy, so that a tenant can show that his landlord’s title has expired or is determined. In such a case he does not dispute the title, but confesses and avoids it by a matter ex-post facto. Justice requires that the tenant should be permitted to raise this plea, for, a tenant is liable to the person who has the real title and may be faced to make payment to him, and it would be unjust if, being so liable, he could not show the expiry or determination of his landlord’s title as a defence.
The Scope of the Estoppel. A tenant or his representative will not be permitted to deny that on the day on which his tenancy commenced, the landlord who granted the tenancy had title to the property.
This Estoppel binds the tenant only so long as the tenancy continues. Once the tenancy has ceased he is free to deny that his landlord had any title even on the day on which tenancy commenced.
II. Licensee and Licensor of immovable property.
The rule is the same as a licensee, namely, that the licensor had title to such possession at the time when such license was given.
Difference between a tenant and a licensee.
License means permission given by one man to another to do some act, which without such permission it would be unlawful for him to do. It is a personal right, and is not transferable, but dies with the man to whom it is given. It can as a rule be revoked by the Licensor unless the licensee has paid money for it.