Possession with animals to hold it against the true owner is the basic requirement to prescribe title by adverse possession.

Defendant in O.S.No.205 of 1978, on the file of Sub Court, Trichy, is the appellant.

2. Suit filedby the plaintiff is one for declaration and injunction. The subject matter of the suit is a portion of T.S No.983/1. According to the plaintiff, himself and his predecessors have been in possession of the subject matter of the suit for the last more than 50 years, and even if the defendant-State has got any title over that property, the same is lost by adverse possession.

3. In the written statement of the appellant (defendant.), it is contended that T.S.No.983/1 is a Natham Poramboke and it is used by washermen community, for the purpose of washing clothes and drying the same. It is also the case of the defendant that all the encroachers have been evicted, and even the plaintiff’s predecessor was also dispossessed pursuant to the action taken by the Government. It contended that the plaintiff has no title to the property, nor posses-sion. It prayed for dismissal of the suit.

4. Exs.A-I to A-23 were marked on the side of the plaintiff. Exs.B-1 to B-13 were marked on the side of the defendant. Plaintiff was examined himself as P.W.1 and another witness as P.W.2. D.W.I, an officer, was examined on the side of the defendant-State. The trial Court elaborately considered the evidence, both oral and documentary.

5. Thetrial Court came to the conclusion that the plaintiff and his predecessors have been in possession of the suit property and they had been dealing with the same as absolute owners at least from 1936. They have even executed documents in respect of the same, and they have asserted their right openly and exclusively. The Government is also aware of their possession. Finally, the trial court came to the conclusion that even though it is a Natham poramboke land, plaintiff has prescribed title by adverse possession. The suit was decreed as prayed for.

6. Defendant-State took the matter in appeal in A.S.No.75 of 1981. The lower appellate court also confirmed the finding and dismissed the appeal with costs.

7. Theconcurrent judgments of both the courts below are assailed in this second appeal.

8. Thesubstantial question of law raised for consideration is as follows:

"Whether the plaintiff, who claims title to the suit property, is not bound by the principle of res judicata as a result of the judgment in O.S.314 of 1971, on the file of the Court of District Munsif, Trichy and whether the plaintiff is not bound by the principle of estoppel arising out of his petition filed before the State Government for eviction of encroachers on the suit property?"

9. After considering the relevant materials and evidence on record, I do not think that the Courts below have approached the question rightly. Even though the plaintiff has stated that the suit property is a registered holding, the lower appellate Court has entered a definite finding that the schedule property is a Government poramboke land. The finding of the trial court has been reversed in para 9 of the appellate court judgment. The lower appellate court has said that T.S.No.983 is a Natham situated within the Municipal limits of Trichy. That Town Survey Number has been subdivided as T.S.Nos.983/1, 2 and 3, as evidenced by Ex.B-6. From Ex.B-6, it is clear that T.S.No.983 was reserved for construction of ‘dobigana’, but the same was being used as municipal public latrine. The total extent is 5 acres and odd, and it is classified as Government land. It can safely be said that T.S.No.983 is a Natham. The defendant has proved that T.S.No.983/1 is a Government poramboke land belonging to the Government. This finding of the lower Appellate Court is not challenged by the plaintiff.

10. Both the Courts below have not considered the question whether the plaintiff had the animus to hold the property against the Government, while holding that the plaintiff has prescribed title by adverse possession. Long possession itself is not adverse possession. Possession with animus to hold