Possession - Law Dictionary Search Results
Home Dictionary Name: possessionPossession
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...
Adverse possession
Adverse possession is that form of possession or occupancy of land which is inconsistent with the title of any person to whom the land rightfully belongs and tends to extinguish that person's title, see (English) Real Property Limitation Act, 1874 (37 & 38 Vict. c. 57), which provides that no person shall make an entry or distress, or bring an action to recover any land or rent, but within twelve years next after the time when the right first accrued, and does away with the doctrine of adverse possession, except in the cases provided for by s. 15. See Nepean v. Doe, (1837) 2 M. & W. 910.Possession is not held to be adverse if it can be referred to a lawful title, Doe v. Bightwen, 10 East 583; Wall v. Stanwick, 34 Ch D 763. Non-adverse possession is of two kinds. The title of the dispossessed may not be paramount, as in the case of a leasehold term when dispossession of the lessee is not necessarily inconsistent with the reversioner's rights, and secondly, the person setting up disposse...
possession
possession 1 : the act, fact, or condition of having control of something: as a : actual possession in this entry b : constructive possession in this entry c : knowing dominion and control over a controlled substance or other contraband d in the civil law of Louisiana : the detention or enjoyment of a corporeal thing e : control or occupancy of property actual possession 1 : direct occupancy, use, or control of real property [had actual possession of the land despite a lack of legal title] 2 : direct physical custody, care, or control of property or contraband (as illegal drugs) [actual possession is not necessary to sustain a conviction "State v. Garrison, 896 S.W.2d 689 (1995)"] adverse possession : actual possession of another's real property that is open, hostile, exclusive, continuous, adverse to the claim of the owner, often under a claim of right or color of title, and that may give rise to title in the possessor if carried out for a specified statutory period (as ...
Lawful possession
Lawful possession, is not litigious possession and must have some foundation in a legal right to possess the property which cannot be equated with a temporary right to enforce recovery of the property in case a person is wrongfully or forcibly dispossessed from it. Juridical possession is possession protected by law against wrongful dispossession but cannot perse always be equated with lawful possession, M.C. Chockalingam v. V. Manickavasagam, AIR 1974 SC 104 (110): (1974) 1 SCC 48: (1974) 2 SCR 143. [T.N. Cinemas (Regulation) Rules, 1957, R. 13]The term 'lawful possession' as defined in the Law Lexicon, Reprint Edition, 1987, by P. Ramanatha Aiyar at p. 712 as: The term 'lawful possession' is not convertible with 'innocent possession' in legal terminology. Intent does not enter into whether an act is unlawful or tortuous, though it does as to whether it is innocent or criminal. To establish 'lawful possession'.It is absolutely necessary for a party to prove with the documents which ca...
Possession is nine points of the law
Possession is nine points of the law. This adage is not to be taken to be true to the full extent, so as to mean that the person in possession can only be ousted by one whose title is nine times better than his; but it places in a stronger light the legal truth that every claimant must succeed by the strength of his own title and not by the weakness of his antagonists. For instance, if the claimant be able to show a descent from the grantor of the estate, perfect except in one link of the chain, and the man in possession be a perfect stranger, the latter shall keep the estate; and so, also, if the claimant be a natural son of the last owner and adopted by him, and declared by him to be designed as his heir, yet if he dies without making a will in his favour, a stranger in possession has a better title. In Beddall v. Maitland, (1881) 17 Ch D p. 183, Sir Edward Fry, speaking of the statute 5 Rich. 2, stat. 1, c. 8, which makes a forcible entry an indictable offence, says: 'This statute c...
Khas possession
Khas possession, the definition of the expression 'khas possession' in the Bihar Land Reforms Act, is stronger from the point of view of the person who is actually cultivating the lands than that of a person who is working directly (the mines) u/s. 9 of the Bihar Land Reforms, Act, 1950, Kaviraj Basudevanand v. Mahant Harihar Gir, AIR 1974 SC 1991 (1994): (1974) 2 SCC 514: (1975) 1 SCR 590.The word used in s. 6 of the Bihar Land Reforms Act, 1950 is not 'possession' but it is qualified by the adjective 'khas possession' its equivalent being 'actual possession' as the word is understood in contradistinction to the word 'constructive posses-sion', Ramesh Bejoy Sharma v. Pashupati Rai, AIR 1979 SC 1769 (1776): (1979) 4 SCC 27: (1980) 1 SCR 6. [Bihar Land Reforms Act, 1950, s. 2(12) and 6(1)]The expression 'I have possession' in respect of culturable lands in s. 6 of the Land Reforms Act has been used in a technical sense and it means those lands which are in the private or personal posses...
Entry into possession
Entry into possession, does not use the word 'possession' or the words 'entry into possession, at any point of time at all. The section merely requires occupation of any public premises. Entry into possession connotes one single terminus, viz., the point of time when a person enters into possession or occupies the property whereas occupation is a continuous process which starts right from the point of time when the person enters into possession or occupies the premises and continues, until he leaves the premises. What is germane for the purpose of interpretation of s. 2(2)(g) is whether or not the person concerned was in occupation of the public premises when the Premises Act, was passed, Jain Ink. Mfg. Co. v. L.J.C., (1980) 4 SCC 435: AIR 1981 SC 670 (672). [Public Premises (Eviction of Unauthorized Occupants) Act, 1971, s. 2(2)(g)]...
Parting with possession
Parting with possession, the term 'parting with possession' means possession with the right to include and also a right to exclude others, Delhi Stationers and Printers v. Rajendra Kumar, AIR 1990 SC 1208 (1209): (1990) 2 SCC 331.(ii) 'Parting with possession' means giving possession to persons other than those to whom possession had been given by the lease, Jagan Nath v. Chander Bhan, AIR 1988 SC 1362 (1364): (1988) 3 SCC 57: (1988) Supp 1 SCR 325. [Delhi Rent Control Act, 1958, s. 14(1)(b)]...
Acquired possession
Acquired possession, The words 'acquired possession' or 'keeping' in clause (b) of s. 135(1) are not to be restricted to 'possession' or 'keeping'acquired as an owner or a purchaser of the goods. the expression 'acquired possession' is of very wide amplitude and will certainly include theacquisition of possession by a person in a capacity other than as owner or purchaser. [Customs Act, 1962, s. 135(1)(b)], State of Maharashtra v. Natwarlal Damodaradas Soni, AIR 1980 SC 593: (1980) 2 SCR 340....
Actual delivery of possession
Actual delivery of possession, expression 'actual delivery of possession' can be that actual delivery as contrasted with mere dealing in differences and such actual delivery of possession included within its scope symbolical as well as constructive delivery of possession, Duri Chand Pataria v. Bhuwlka Brothers Ltd, AIR 1955 SC 182 (187). [W. B. Jute Goods Future Ordinance (5 of 1949), s. 2(i)(b)(i)]...
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