POSSESSION IS NINE POINTS OF THE LAW : AN ANALYSIS

When we talk of possession we simply understand that it is a relation between a man and a
thing. It represents the closest relation of fact that a man has over his things. It literally would
mean physical control over a thing or property. However, legally defining possession in a
concrete and unanimous term is very difficult as has already been observed in Superintendent
Remembrancer Legal Affairs v. Anil Kumar [AIR 1980 SC 52].

Even jurists like Salmond considered it as one of the hardest things to define.  According to
Salmond, “In the whole range of legal theory there is no conception more difficult than that
of Possession. Possession is the most basic relation between man and a thing. Possession is
an evidence of ownership.”

Possession, it is said that, is the nine-tenth or nine points of law. This means that the person
who has physical control of a property has an advantage over anyone claiming rightful
ownership. That is to say, it is easier to claim ownership of a thing if the one claiming already
has possession of the thing. The phrase comes from the early English property system, where
the right to possession of property was endorsed by the king in the form of nine traditional
writs. These writs evolved into the nine original laws defining property ownership, hence the
expression "possession is nine points in the law." The earliest written use of the proverb in its
modern day form is in Thomas Draxe's “Bibliotheca Scholastica.”

During the sixteenth century, when the phrase became popular, the view was that of a realist
one. This is to say that, Possession represents facts on the ground and a fact on the ground is
what helps in reaching ultimate legal decisions. This definition would mean that in the eyes
of law what matters is the literal holding of the possessor’s strength. This is what Sir Fredrick
Pollock calls as, “de facto possession.”