Kadoth Ambu Nair vs Secretary Of State For India In Council on 7 April, 1924
"........A trespasser is a person in wrongful possession
who has a hostile animus against the person entitled to
the legal possession of the property. A licensee has no
possession and having come on the property under a
permissive arrangement with no possession or interest
it cannot be assumed that the moment the licence is
withdrawn he acquires the necessary physical and
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mental elements to become a trespasser. He might
usurp the possession and develop into a trespasser, but
then it is not an automatic and necessary development
the moment the licence is over. If he is a trespasser he
would perfect his possession and become an owner at
the end of 12 years. As the Privy Council observed in
Kodoth Ambu Nayar v. Secretary of State for India, ILR
Madras 572 (582) "Their Lordships think that a
licensee cannot claim title only from possession,
however, long, unless it is proved that the possession
was adverse to that of the licenser, to his knowledge
and with his acquiescence". We are not concerned with
title but this passage is helpful to show that possession
of a licensee could become hostile, after revocation of
the licence only if the possession was adverse to the
licenser to his knowledge and with his acquiescence.
That is a matter to be pleaded and proved by the
licensee. Lawful possession however long will not be
adverse and it is only adverse possession that leads to
the acquisition of title. A licensee's occupation does not
become hostile possession, or the possession of a
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trespasser the moment the licence comes to an end."