Adverse possession-burden is cast on the transferee to prove that the transaction was valid.
In the first place we are unable to see how the acquisition of title by adverse possession would be possible in the cases of this type specially when no evidence whatsoever is led by the party claiming title. Adverse possession is essentially a question of fact. In any case it is a mixed question of law and fact. The starting point of limitation begins from the expression of hostile animus amounting to denial of title of the real owner to his knowledge. This must continue for uninterrupted period of 12 years. Merely on the basis of possession under a void transaction -- and nothing more -- title by adverse possession cannot be matured, more so when before the prescribed period has run out, the person in possession acknowledges the superior title of the real owner. Even if the possession continues uninterruptedly but the nature of the possession is not identical, the two periods cannot be tagged for the purposes of counting the total period required for maturity of title by adverse possession.
6. Getting the registered sale deed from the real owner on the ground that the first transaction was not in accordance with law clearly amounts to recognition of title of the real owner and results in the break in the running of time, as observed in Corpus Juris Secundum. (Vol. II, Page 627).
