4-THEORY OF POSSESSION BY DIFFERENT SCHOLARS7:

The theory of possession has been explained and analysed by various scholars and thinkers.
Analysis of the theory by various legal jurists is as follows.
(a)-Savigny Theory of Possession
Savigny, based on the content of Roman Jurist Paul, said that there are two elements of possession:
1) Corpus possessions “commonly known as ‘corpus’
2) Animus Domini” known as ‘animus ‘.
Corpus- By corpus is implied a compelling of the object. Savigny clarifying it says: the physical
intensity of managing the subject promptly and of barring any remote office over it is the factum
which must exist in each obtaining of possession.

Animus
Animus basically means the mental element or the aim to hold the possession as proprietor against
all others. In simple words, it is a cognizant aim to avoid others from the objective aim of
possession. Without the mental element, there can be no possession.

(b)-Ihering Theory
According to Ihering, “what is vital is the consciousness of the thing which can offer possession
to the individual.” His methodology is said to be more common sense than Savigny’s. He gave a
utilitarian meaning of possession, while likewise accentuating on the point that the idea of
‘possession’ may change significantly in various casings of law.

©-Holmes Theory
Holmes who begun by disproving a “priori” philosophical thought, saw that fewer realities are
required to start possession than to gain it. What establishes possession can be best concentrated
just when possession is first picked up. He furthermore stated that: “To pick up possession, at that
point a man must remain in a specific physical connection to the item what’s more, to the remainder
of the world, and must have a specific plan. These relations and this aim are the certainties of
which who are in pursuit.”

(d)-Salmond Theory
Salmond said that there is just a single origination that is possession indeed, which is possession
“in truth and in fact”. In law, the activity of possession depends entirely on the criteria of
sound judgment, and further, since possession of law is related to possession truth be told, so
possession in law, for him, is invented. Be that as it may, the possibility of possession remains
never again attempted to reality, it has rather procured the importance in the most specialized

(e)-Pollock’s Theory
Pollock, a distinguished legal adviser, said that “in common speech, a man is said to have or to be
in possession of anything which he has a clear control, or from the utilization of which has the
evident intensity of excluding others.

7-Supra Note- 1, same pg.