Adverse Possession

2009(6) CURRENT TAMILNADU CASES – Page 861

Adverse Possession – Proof of – Plea of Adverse possession to be proved with unimpeachable and cogent evidence – Necessary and vital pleadings missing in written statement with regard to claim of perfecting title by adverse possession – Date of possession, when possession became adverse, when hostile title pleaded to knowledge of true owner not pleaded in written statement – Animus possidendi one of essential principles of adverse possession – Unless person possessing property has a requisite animus, period of prescription does not commence – Moreover, mere payment of property tax does not establish Plea of Adverse Possession – Held: Plea of defendants with regard to perfecting title by Adverse Possession not proved.