T.S. Sivagnanam, J.

1. This Appeal filed by the plaintiff is against the judgment and decree in C.S.No.22 of 2004, dated 22.05.2012.

2. The appellant/plaintiff filed the suit for a declaration of title of the property mentioned in the plaint schedule, as the plaintiff has perfected title by adverse possession in terms of Section 34(F) of the Specific Relief Act. The plaintiff is the Chairman and Managing Director of an Educational Trust. For the sake of convenience the parties shall be referred to as Plaintiff and defendants.

3. The case of the plaintiff is that by a deed of absolute gift dated 06.01.1985, the first defendant donated the plaint schedule property to the plaintiff, pursuant to which the first defendant delivered possession and the plaintiff also took possession of the said property for the purpose of running a school established and administered by the plaintiff Trust. It is further stated that the plaintiff is in possession of the suit schedule property ever since the date of the gift deed dated 06.01.1985 till the filing of the suit for a period of more than 18 years and the property having been assessed to Property Tax by the Corporation of Chennai in the name of the plaintiff and the plaintiff has been regularly paying the Property Tax. It is further stated that the Assistant Commissioner of Urban Land Tax, Egmore, levied Urban Land Tax by assessment order dated 16.05.1995 and by further proceedings dated 08.11.1995, the said authority granted exemption of the land from the levy of Urban Land Tax, as the said land has been put to use for school purpose. It is further stated that pursuant to the gift, the first defendant along with her sons (defendants 2 to 5) entered into an agreement with the plaintiff dated 06.01.1985, confirming the gift deed and the fact that the plaintiff was put in possession of the suit schedule property by relinquishing the right of a portion of the said property earmarked as plot No.11-A out of the total extent of 29 grounds and 486 sq. ft., which was also in possession and enjoyment of the plaintiff along with the said property as per the registered lease deed dated 19.12.1969, which proves continuous possession and enjoyment of the property since 1964 onwards. Further case of the plaintiff is that in the said agreement dated 06.01.1985, the defendants permitted the plaintiff Trust to apply for exemption from stamp duty for the purpose of registration of the gift deed dated 06.01.1985 and the plaintiff Trust applied for exemption to the Government and the Government by G.O.Ms.No.161, dated 22.03.1990, granted exemption from stamp duty in respect of an extent of 2 grounds and 1467 sq.ft., out of the total extent of 9 grounds and 1400 sq.ft., covered by the gift deed. The said order of exemption was published in the 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 1964 for a period of more than 39 years has been established, thereby the plaintiff perfected his prescriptive title of adverse possession of the said property.

4. Further case of plaintiff is that the plaintiff approached Tahsildar, Egmore, Nungambakam Taluk to issue patta for the said property and Tahsildar by letter dated 13.06.2003 directed the plaintiff to produce registered deed of conveyance for issuing patta. Stating that the possession of the suit property has already been handed over to the plaintiff and is in possession and enjoyment over and above the period prescribed and that the plaintiff has perfected title by adverse possession, the plaintiff trust has filed the suit to get a declaration of title to the suit property on the basis of adverse title.

5. The 2nd and 3rd defendants in their written statement denied the execution of the gift deed by stating that no such document could have been executed without the knowledge of the defendants 2 to 5 as the first defendant was aged about 70