adverse must be
established by cogent and convincing evidence to
show hostile animus and possession adverse to the
knowledge of real owner. Mere possession ... property for the
necessary 12 years did not have the animus
possidendi identified in the cases. I express that
view for two reasons. The first
intention, would
bring to an end the desertion because thereafter the animus
deserendi would be' lacking, though the factum of separation
might continue ... prove four essential conditions, namely (1)
the factum of separation, (2) animus deserendi, (3) absence
of his or her consent, and (4) absence
fundamentally dominated by Savigny-
ian "corpus" and "animus" doctrine. Distinction has also been made in
"possession in fact ... corpus or the physical control and the second, it refers to the animus
or intent which has reference to exercise of the said control
Konda Lakshmana Bapuji vs Govt. Of Andhra Pradesh & Ors on 29 January, 2002
Equivalent
held that the wife did not have at
any time the necessary animus to put an end to the
matrimonial relationship and never intended ... separation;
2. The intention to bring cohabitation permanently to an end
animus deserndi;
3. The element of permanence which is a prime condition
requires that
Husband and Wife-Divorce-Desertion-Ingredients of Desertion-
Intention-Animus Deserendi-Statutory period of separation
-Burden of proof-Bombay Hindu Divorce Act, 1947 (Bom. XXII ... respondent, her leaving her marital home was not
actuated by any animus to desert her husband but as the
result of her sense of guilt
person constitute
adverse possession, regard must be given to the animus of the person
doing such acts, which must be ascertained from the facts ... defendants. We do not find that the defendants had
hostile animus at any point of time, from the facts and circumstances
of this case
than 12 years, uninterruptedly and he
enjoyed the property also with an animus to enjoy the same, as his own,
adverse to the real owner ... would not ripen into possessory title, unless the possessor
has animus possidendi to hold the land adverse to the title of the true owner
Tamil Nadu Government Gazette dated 11.04.1990. The plaintiff further stated that the animus of long possession and enjoyment of the suit schedule property since ... suit property as a lessee and that there was no animus to treat the possession in assertion of title. The learned single Judge by judgment
others". The stress laid by Pollock on possession is not on animus but on de facto control.
36. "Savigny" defines possession ... Apparently this definition involves both the elements namely, corpus possesssion is and animus domini.
37. The German Jurist ''Savigny' laid down that
