1.

INTRODUCTION1:
“Possession” is a polymorphous term which may have diverse importance in various aspects. It
is difficult to work out and draw a totally consistent and exact meaning of “possession” relevant
to all circumstances with regards to all statutes. It is the most troublesome and complicated to
define the “word” which fits in the definition clause of, estimate it and different speculations
have been made about it. The courts in their choices on “possession” have not pursued any
biased definition. This has made the origination a very confounded one. In this way,
“possession” is a subject of extraordinary scholarly intrigue. In the meantime, it is of most
extreme pragmatic significance. Thus, obtaining possession of the property is far easier than to
define the word “possession” in its real sense.
According to Salmond2, 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 is one of the most essential concepts in
human life. It is legal as well as a factual concept, which makes it difficult to define. The literal
meaning of possession is to have physical control over something materialistic. It is impossible
to define the concept so as to cover all the legal scenarios and situations in which it may apply.

2. MEANING OF POSSESSION:
"Possession" literary means physical control over a thing or an object. It expresses the closest
relation of fact that can exist between a thing and the person, who possess it. In law, possession
means it includes not only physical control over a thing but also an intention to exercise that
physical control. Example: A has an article in his hand. In other words, he is in possession of that
article. The person who is in possession is called a 'Possessor'. In human life, consumption of
material things is very essential and it would be Impossible without the position of the material
things.

Pollock says that having physical power over a thing which establishes possession.
As indicated by Salmond “the possession of a material item is the proceeding with the exercise
of a case to it select utilization”. This possession includes two things3.

• The claim of selective client and

• Conscious or genuine exercise of this guarantee, for example, physical command over
it.

Savigny, in his hypothesis of possession, says that the pith of physical possession is to be found
in the physical intensity of rejection. The first is “corpus” for example is the physical capacity to
have a thing out of the blue. The second is having at first obtained the thing, there must be the
physical capacity to hold it.

1-https://blog.ipleaders.in/theory-possession-jurisprudence/
2-ibid.
3-https://www.legalbites.in/possession-definition-concept-importance/