in When•in righti' to'heeunu.

ifvttte
-shi" property Of
••t -A
i' in it in its
Whde
right S•ieh møy be right to use. c.nsum"yony.d
A is owned by A With 'hi' righ' he got
e g, enjoy

POSSESSION
nine Of — the the cone•ptof

it differs from ownership? What theories

somerime might to ownerrhiphoweverit has limitation'. the eoneept
cherries, u•ühthe help of cares.
Posv•ssionrequiresa controland '"tention 'o hold an •or thing. DOyou think "ithout these two,per-ton
lackrogession? Discussits kindsand modes acquiring.
Meaningofpossessiondependsuponthe contextin which is used.Explain
Writeshort on•
Mediate and immediate pos cession
Acquisihonofpossession
) Kinds

t elotrodoetiort:
Possession
is the most i rima fac
rc anontvtwcen an4Pda thing.Possession of
oreviderwe
ownership has bettcr¯tle ae@p't the who world. evgp'_tbg truc_pyner.
: •ton Ivedof wrongfully. he is protected lawbv idi for psses-
C sory remedies.
concept o! p.sses.sig!.thoué basic life, it is difficult.
fixedor nit ion
ga Affai v.Anil Kumar,AIR 52,-heidIhatit is to workout
um fonnly applicable•to all situation in the context Ofall the skatutes.
F of
decisions
cases.and •onis. Jurist proy»undeddifferenttheories
01posscssi6öl and
Sog.eof the definitionofpaessions-
- Possession
is thec n exe iseo
O.W. Holmes - Towin . . session a an Inust stand in a certain relation to the%b• 0 the restof he world.
certaininte%_——
Si r Fredrick - n gammon speech a mpp is said to whichhe has the
m the above definition sce that.possgssion has two essentials - vei
Actual æ•cg_ - 6bjcct possessed i.e. co us s
from o'.het-si.e. animas poksidend•
Ing to John mo corpus an animus' must be present to

session It denotes:iie racttal je:alion pcrsf)nwitha iich is materialeerporeatobjector rights.

osscs:ion in law: It d c" with du lc al relationof person or right. A Posseso%'remedy.comesf
ained
ossessionis nine points in law:
S.' loof Indian EvidcnccAct. provides. "When anyquestioöwhetheranyperson is erof thing ofwhi
is shownto bc i 'osscssion. ho affi
2. The po'e.ssim i it is wrongful is Foodtide againsttbe whole worldexceptthe uueowncr.
Possessionis b groundof containin certainle
 JURispnuotncr
-t
25510256 R
Essen"al. of
Subjectmatterof mny be an
• Every cetidin
eo.moreal possession. mattersmaybe incorpoteniposteqion.
2.
. it dc factoaswell•sue jure. The controlover the thinghe
B.'sse•sesto the other. Degree of control varies from Caseto ease, requires higher degree of
Control
e.g. less de tee Ofcontrol i e. I-K'ssession,Sometime
_Fople at a are havingAphysicalcontrol
shall prevail over the other.
Intention: Animus possession's. There must
be an intention of the pogessot toeholdthe thine.s an owner. to
useand others.
knowledge: the actual knowl which the possessor has. about such th ing.
or possesions •
(1) Subjectmatterof possession
(2) Physicalcontrol
(3) Intentionto hold to (beexclusionof
(4) Kmw•ledge
Ott*'"

Elves v. Brigg co.. 1886 Chancery Division

Fact of the case - plaintiffwes
Of excavation and erection cf cf theland.Hegavehis "andtodefendant Companyon leasefor the purpose
gas Works tbeteoru DuJing (he course
pany found a pre-historic ef gxcayation one Ofthc Ofthe defendants Corns
boa. buried six
feet below the surface.
• Issue beforethe Court as
Whethertheboatbelonged thelandlordor the lessee.
Held - J. Chitty observed that the landlord
was entitled to the boat agams: 'he Company though it was discovered by the
Company.It was observedthatit was immaterial
possession ofthe pound not merely
thatthelandiordWasnot,awareof theexistenceOftheboté. He was in
of the surface. Hence.everythme that? th€sudacc down to the centre of the
earth and consequently in possession of the
beat. It did not matter that the plaintiff was aware of the fxistence of the
(2 South Stafforshire baterwarks Co. v. Sharman, 1896,
act Ofthe case - n Beneh
defendantservantto cleanou! pondPPO!their landand in doing so ne
found gold ring at the bcutom Ofit. Dispute arose between plaintiff Company and the'
possessionof the goldring. defendant servant as to the
I-sue —TO whom the gold ring b&lg?
Held plaintiff Companywasinfi possessionofhegoldringandnot
It was observedthat the acquiredno title to them.
carrieswithit in geneal,possessionof evetythingwhichis attachedto or under
thatland-
(3) aridges v. Hawkes worth, Bench
Fact or pe.rElOfbankus part wheretheywere
found by B. a customer. The question that arose for consideration in the casc was whether A was in possession
Ofthe notes
at the time Of its recovery by the customer by virtue of notes lying on the surface of his land.
- Whether A or B is entitld to get the possession Ofthe notes?
Held - Court held that Therea.-etwobasicelementsof possessionOneis
anunus i.e- intention and.nothgcisco s i.e. body. In this caseA had not dene necessa CVS because hedid not know
or oug he mighthavehadthe corpus,it havingbeen
•droppedin.hissbgpéiere. possessi00ß2Ü2LL2tes. hadnode
factocong.li-e. the rOperty.
H: hasari ht to whole
world except the true owner.
MODßOF ACQUIRING
K)SSESSION:
1. Taking 2. Delivery
Taking: Taking implies an act exclusively cn the part of th who physically •es the possession. It is acqui•
sition of the possession without the consent of previous possessor.
It is the withoutthe Some'i:nesit is saidto be unilateralact.Transferee
acquiresihe possessionwithoutthe knowledgeor consentof Cheformer -essorOftb thing. It is usuallypossrs•
si0-civiUs. It may or may not be lawful. If it is lawful then it is legal possession i.e: possessio-juris.
Delivery: Deliverycontemplatesvoluntaryactfromone personte another. transferorgives actualpossessiE'C
to the transferee. Delivery may actual o. constructive. In actual del:vcry
the thing is physically delivered.
OF POSSESSIONS:
I. Possessiocipilis-
It refers tothetu:doractual possession„possession in fact is a relavi.•.nshi between anda thing. posses-
 t, thewhole
ownet i' h"ine 'he
better •m
tbt•

the in

"fie.
in owm A
in andin Inw.
equires or 4mef1y

over such thYng. It means that is m:' other X has a ear i' m hik
constitutesimmediate

It is the possessionof thin . Othe servant As the rem•im, in

mugh
posseeion with another.the of physicalcontrolover

Thosethings. whicharehaving h wherein direct relationship With the thing. are

Sible-E.g. househas physicil existence.whi can Irrceivedbyoursenses.Thepsscssion in the Iv»usethereforeis
cotB%eaJ possession. Coq»real Objectssuch as the ion of book.
is the possession cf

incorporeal Possession:
Ihese ate the things. WY' do not have physical existetre and therefore aannot perceived our
fore possession in tespcCt Ofthis thing is as incorpreål possession i.e. goodwill etc.
E!-ent•
According to Salmond, corporeal possession is rx'ssession Ofan Object pereas incorpaal possesioti@the POS.
sessionof a right.

•v.ossessionis nine i sin law. •

- Possession-is-anevwcnce o.xxrshiO,S.110 Evidence
whether any person to In possession, ofprö •gthat
owner is on the person who affi t heis not the owner.
if_it wrong!
3. •nÄsession
i or_t
Rthc nat insppét (ha; Jig u0t easily interference with the posses-
sion Thus-theprotection• ivcnto possess•onto aid criminal it preventsa breachof

•ththc di t or the •on Of

-eachcsof ace out of suc d'. The -ectof this section is o ena e
in re :ard to the ossession o the eri in ute- Court
dctc ri hrsoft a cs. ieExecutiv:M •strateshal determinethepossessiono immovable rope
ona paruculardate eclanngsuchparly restoreo yossessioo
•.hepally who Wasforcibly and wr 'ngfully
5. c' Reli ct. 1877' Provides-Cüitsby person dispossessed of immovable . If a person is
dispossessed
withouthis ema s orrecov-
-y of the possession thereof rotidcd 'he suit is filed within 6 months form the date Ofdispossession.
6, vides. There is a Car,tract of sale in respect Of
immova e BOpertywercin agreesto
the transferee taken the possessi0E0f tbVånm0vabic and continues to be i+ses sion of immovable
property and the transferee has something.in perform his
contract of transfer. thca even thouxuyshcontract is required to be registered by any law and not
red in fast then at" claiming any righi against such tranéferee.
7. S.4 Sale(ROoodi¯na-äögh!of sellertolien. sellerif andifthe is still withthe
•n the goods.
8. baileeincon ofbailmcn IndianContractA S.t70
The baiicc too has a ri tcnt c goods bailed to unless Iris Inanerationbz bail* tili heis entitled to
kesp the posscssion_of.üic good%.
9. in offence of then in I.V.C. i elemeru. Even the possession was
rand pesscssion of such thing is taken Without the con set:[ 01 the •in•ieåtion.
B. S." Act, 1968:
If 0! imm vible prmv•rty
mort•than yean. it
Chider Ad: pf arm without license constitute of the person, Mere
i' a burden
of foundIn
Ad. provi&' Of'be earth. minerals
to Govenunent
b) as pert Of Of
can sue comrns.tion. damages.
goods. f In -find" of is togei
a reu•.rd.if theowrrr at the what were irrurted-to-him for trueIng
ownerarylforthemaintenanceof goodsround

from all wovisi«ms enxtmentSit canbe thatpssessionis as a part Of

law Of Sometinr or tide is difficult; is primafaciea Ofownership.

3)