Possession - Definition - Law Dictionary Home Dictionary Definition possession

Definition :

Possession, correctly understood, means effective physical control or occupation. The word 'possession' is sometimes used inaccurately as synonymous with the right to possess, Gurucharan Singh v. Kamla Singh, (1976) 2 SCC 152.

Possession, does not imply mere acts of the user, or of occupation alone, but the occupation must be with the intention of exercising some claim or right in respect of the property occupied. A person who has no claim to the property but succeeds by show of force in acquiring physical control over the same cannot be treated to be in its possession, notwith-standing his physical control over it, Ram Krishna v. Bhagwan Baksh Singh, (1961) All LJ 301.

Possession, implies dominion and control and the consciousness in the mind of the person having dominion that he has it and can exercise it, Chhedi Ram v. Mahngoo Tiwari, 1969 All WR (HC) 230.

Possession, in common parlance denoted to occupy, to have or hold as owner, to obtain, to maintain, Krishna Prasad Jaiswal v. Kanti Gupta, (1996) 1 BLJ 45.

Possession, indicates possession with a power of disposal, Bhagchand v. Emperor, AIR 1934 Bom 200: (1934) 36 Bom LR 379.

Possession, is a word that is incapable of an entirely precise definition. Possession of a house is essentially different from possession of a gold watch. One has to look at the property possessed, Bank View Mill Ltd. v. Nelson Corp. etc. Ltd., (1942) 2 All ER 477.

Possession, is an ambiguous term. The law books divide its concept into two broad categories (i) physical possession or possession in fact; and (ii) legal possession which need not coincide with possession in fact. The control over the property has always been regarded as one of the tests of physical or de facto possession. In the case of possession through agent, it is true that the legal possession would continue to reside in the owner but the actual physical possession would surely be that of the agent, Seksaria Cotton Mills Ltd. v. State of Bombay, AIR 1953 SC 278: (1953) Cr LJ 1116.

Possession, is not a purely legal concept but also a matter of fact. 'Possession', in fact; is a relationship between a person and a thing, Soorajmal v. State of Madhya Pradesh, (1992) Cr LJ 3206.

Possession, need not be actual, physical possession or personal occupation, but may be possession in law. 'Possession' means 'the state of owning or having in one's hands or power. It includes possession by receipt of rents and profits, Gaddam Vekayamma v. Gaddan Veerayya, (1956) Andh LT 77: (1956) Andh WR 988 (NOC) (DB).

Possession, the state of owning or having a thing in one's own hands or power; the thing possessed.

It is either actual, where a person enters into lands or tenements descended or conveyed to him; apparent, which is a species of presumptive title where land descended to the heir of an abator, intruder, or disseisor, who died seised; in law, when lands, etc., have descended to a man, and he has not actually entered into them; or naked, that is, mere possession, without colour of right.

The primary meaning is physical control. A second-ary meaning is physical control by an agent or servant, or by relation back, e.g., by the owner having entered without remaining in physical possession, see Ocean Accident etc., Corporation v. Ilford Gas Co., (1905) 2 KB 493.

Possession may also extend over a thing in itself uncontrolled within an inclosure which is cont-rolled, such as horses, sheep or cattle within a fenced field, but see FER' NATUR'. A condition of possession is the intent to control. Possession may connote different kinds of control according to the nature of the thing or right over which it is being exercised. A man may possess an estate of land; if he leases it he will be in possession of the rents and profits and the reversion, but not of the land which is in the lessee who may bring an action of trespass against the lessor. Possession, even wrongful, is a form of ownership. In all cases it confers the rights to the thing under possession against all the world except any one with a better legal title to it (see next title) and LIMITATIONS. But there are many kinds of ownership without possession, and in its legal meaning, possession is often indistinguishable from ownership, which is the right to possess. In regard to real property a mere right without possession is not sufficient to found an action for trespass, for instance, until 1926 a lessee before entry having a mere interesse termini could not bring an action for trespass on the land demised, Wallis v. Hand, (1893) 2 Ch 75; and see POSSESSIO FRATRIS. In regard to chattels it is said that property draws to it the possession (Bac. Abr. Trespass, C. 3), but this is subject to a temporary interest of another, such as a bailee, in the propertyif his possession is inconsistent with the owner's right to possession at the same time.In that case the bailee is the only person who can bring an action for trespass, detinue or conversion if and so long as his contract of bailment has not been exceeded, Donald v. Suckling, 1866 LR 1 QB 585. If the owner, reversioner or person entitled, subject to the bailee's interest, has suffered damage by the same acts, he may sue for the damage done to his interest, but not on the causes of action referred to. Under the Law of Property Act, 1925, s. 205 (1) (xix.): 'Possession' includes the receipt of rents and profits or the right to receive the same, if any; while, for the purposes of the Act, the right of the person in 'actual occupation' of the land appears to have been safeguarded by s. 14, ibid. Consult Pollock and Wright's Possession in the Common Law.

'Possession' is a polymorphous term which may have different meanings in different contexts. It is impossible to work out a completely logical and precise definition of 'possession' uniformly applicable to all situations in the contexts of all statues. Supdt. & Remembrancer of Legal Affairs v. Anil Kumar Bhunja, AIR 1980 SC 52 (55). [Arms Act, 1959, s. 29(b)]

Possession must be conscious passion. Sub-Divisional Officer and Collector v. Gopal Chandra Khound, AIR 1971 SC 1190.

'Possession' or 'occupation' may take various forms and that even keeping the household effects by the owner in the premises is an act of occupation, Bimla Devi v. 1st Addl. Distt. Judge, AIR 1984 SC 1376.

Possession need not be physical possession but can be constructive, having power and control over the gun, Gunwantlal v. State of Madhya Pradesh, AIR 1972 SC 1756 (1759). [Arms Act, 1959, s. 4 & 25(1)(a)]

Word 'possession' is used in various contexts and phrases, for example, in the phrase 'actual possession' or 'to take possession' or 'interest in possession' or 'estate in possession' or 'entitled in possession'. In para 1211 at p. 732, legal possession has been stated that possession may mean that possession which is recognised and protected as such by law. Legal possession is ordinarily associated with de facto possession; but legal possession may exist without de facto possession, and de facto possession is not always regarded as possession in law. A person who, although having no de facto possession, is deemed to have posse-ssion in law is sometimes said to have constructive possession. In para 1216 at p. 736 it is stated that the right to have legal and de facto possession is a normal but not necessary incident of ownership. Such a right may exist with, or apart from, de facto or legal possession, and different persons at the same time in virtue of different proprietary rights. Possession is the objective realisation of ownership. It is the de facto exercise of a claim to certain property and a de facto counterpart of ownership. Possession of a right is the de facto relation of continuing exercise and enjoyment as opposed to the de jure relation of ownership. Possession is the de facto exercise of a claim to certain property. It is the external form in which claims normally manifest themselves. Possession is in fact what ownership is in right enforceable at law to or over the thing. A man's property is that which is his own to do what he likes with it. Those things are a man's property which are the object of ownership on his part, B. Gangadhar v. B.G. Rajalingam, AIR 1996 SC 780: (1995) 5 SCC 238.

The possession of a firearm under the Arms Act must have, firstly the element of consciousness or knowledge of that possession in the person charged with such offence and secondly where he has not the actual physical possession, he has nonetheless a power or control over that weapon so that his possession thereon continues despite physical possession being in someone else, Gunwantlal v. State of Madhya Pradesh, AIR 1972 SC 1756 (1759): (1972) 2 SCC 194: (1973) 1 SCR 508. [Arms Act, 1959, s. 4 & 25(1)(a)]

The expression 'possession' in clause (a), takes in not only actual physical possession, but also constructive possession that a person has in law, Kailash Rai v. Jai Jai Ram, AIR 1973 SC 893 (896): (1973) 1 SCC 527: (1973) 3 SCR 411. [U.P. Zamindari Abolition and Land Reforms Act, 1951, s. 18(1)(a)]

Possession is a word of ambiguous meaning and its legal senses do not always coincide with the popular sense. It may not always be synonymous with manual detention or physical retention of the goods or moneys, C.I.T. v. Tarsem Kumar, AIR 1986 SC 1477: (1986) 3 SCC 489: (1986) 3 SCR 294.

The word 'possession' means the legal right to possession. Possession need not be physical possession but can be constructive, having power and control over the article in the case in question, while the person to whom physical possession is given holds it subject to that power or control, Madan Lal v. State of Uttar Pradesh, (2003) 7 SCC 465.

Possession, means physical and immediate posses-sion, it does not include the idea of constructive possession but corresponds 'tangible' possession, Batul Begam v. Mansur Ali Khan, (1902) 2 All 17 (PC).