Adverse Possession. Ingredients of “animus posudendi”, explained. Person in adverse possession need not canvass his adverse possession till eternity. After satisfying the requirement adverse possession generates title over the subject property as former’s product. Karnataka High Court. 12:10:2020

Jadiyappa vs Gurusiddappa. Regular First Appeal 100107/2016 decided on 12 October 2020. Justice N.K. Sudhindrarao and Justice Ravi Hosmani.

Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/345360/1/RFA100107-16-12-10-2020.pdf

HELD: The claim of adverse possession or perfecting of title cannot be in the form of person in  possession canvassing that he  is in adverse possession till eternity. After satisfying the requirement adverse possession generates title over the subject property as former’s product.

Relevant Paragraphs: 24. The process regarding adverse possession is unique and significant. It is a process wherein a person’s right of possession satisfying all the ingredients for the prescribed period transforms into a title and one person need not go for declaration of completion of  prescribed  period, as such, it is the  fulfillment of  the  requirement  in order to get title.

25. Insofar as possession in order to satisfy the ingredients of animus posudendi, the mental element, the time of entering into possession must be that genuinely the person who is so entering or being inducted must feel that he is entitled to  in possession.  It  is  in  this connection Ex.P.4 mutation entry or the fact of mutation wherein the plaintiff is claim to have surrendered the property in favour of the defendant. The next one is the “corpus” possession which is established  in  respect  of  suit schedule property.

27. In other words, the claim of adverse possession or perfecting of title cannot be in the form of person in  possession canvassing that he  is in adverse possession till eternity. After satisfying the requirement adverse possession generates title over the subject property as former’s product.

28. In the overall circumstances  of  the  case, the physical possession of the plaintiff is not established. The revenue entries  by  themselves do not confer the title. However, terms and conditions attached to them continue and the person who claims title  over such property fails  to provide materials against the revenue entries, the entries would then  gain importance.  By virtue of legal concept declaring ownership or revenue entries, presumption thereon, physical possession, the bone of contention between the parties, pleadings oral and documentary evidence, legal position applicable such as that the plaintiff has failed to establish title  and  lawful possession.

Compiled by S. Basavaraj, Advocate, Daksha Legal.