Right of Possession in the light of Jurisprudence
Right of Possession in the Light of Jurisprudence
1. Introduction
The Right of Possession is a fundamental concept in property law and jurisprudence.
It refers to the right to have physical control over a thing or property.
Possession is distinct from ownership; one can possess something without owning it.
Jurisprudentially, possession is recognized as a protected interest because it affects social order and individual rights.
2. What is Possession?
Possession means actual control or custody of a property or object.
It involves two elements:
Corpus: Physical control over the object.
Animus: Intention to possess it as one’s own.
3. Importance of Possession
Possession confers certain rights even on a non-owner.
It is often protected to prevent self-help remedies like taking law into one's hands.
The law protects possession to maintain public order and peace.
4. Distinction Between Possession and Ownership
| Aspect | Possession | Ownership |
|---|---|---|
| Definition | Physical control with intent | Legal right to use and dispose |
| Relation to Thing | Actual control | Right recognized by law |
| Transferability | Can be transferred without ownership | Ownership transfer transfers possession |
| Protection | Protects possession itself | Protects ownership rights |
5. Jurisprudential Views on Possession
Possession is a fact, while ownership is a legal right.
Jurisprudence recognizes possession as a quasi-right, deserving protection.
The maxim “Possession is nine-tenths of the law” expresses the weight given to possession in disputes.
6. Legal Protection of Possession
The law offers remedies to a possessor against unlawful dispossession.
Courts may restore possession to prevent breaches of peace.
This protection exists irrespective of ownership.
7. Key Case Laws
1. K.K Verma v. Union of India (1963)
Held: Possession is a matter of fact and the law protects a person in possession from unlawful dispossession.
The court emphasized that possession gives a right to protect the possession itself, regardless of ownership.
2. Shyam Sunder vs. Union of India (1955)
The court held that possession, once established, cannot be disturbed without due process.
Even if the possessor is not the owner, the law protects the possession from wrongful interference.
3. P. Mohanlal v. Keshavlal (1969)
Held that possession carries with it a right of protection.
The person in possession has a right to continue possession until lawfully dispossessed.
8. Possession and Jurisprudential Theories
Natural Law Theory: Recognizes possession as a natural right inherent in humans.
Legal Positivism: The state enforces possession rights to maintain social order.
Social Contract Theory: Society agrees to respect possession to avoid conflict and chaos.
9. Summary of Rights Attached to Possession
| Right | Explanation |
|---|---|
| Right to Hold | Continue physical control |
| Right to Use | Use the possessed property |
| Right to Defend Possession | Protect against unlawful interference |
| Right to Transfer Possession | Hand over possession to another |
10. Conclusion
The Right of Possession is a fact-based right protected by law.
It exists independently of ownership and is essential for social stability.
Jurisprudence recognizes possession as a right deserving protection against unlawful acts.
Courts protect possession to prevent breaches of peace and self-help remedies.
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