Abdur Rahim, Officiating C.J.

1. The question referred to us is in these terms:--Whether a tenant who has executed a lease but has not been let into possession by the lessor is estopped from denying his lessors title in the absence of proof that he executed the lease in ignorance of the defect in his lessors title or that his execution of the lease was procured by fraud, misrepresentation or coercion? Mr. Justice Coutts Trotter, one of the learned Judges who made the reference, is of opinion that a tenant is altogether estopped from denying the title of the landlord who has let him into possession. So far there can be no doubt as to the law in India or in England. Section 116 of the Indian Evidence Act which says " No tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property" is quite clear on the point. It does not recognise any exception exempting from the operation of estoppel cases in which the tenant was either ignorant of his landlords title or was induced by fraud or misrepresentation t