Possession is an evidence of ownership.1 Its transfer is one of the chief methods of transfer ownership. The possession of a thing is a good title against the whole world except the real owner. That is why it is said that ‘possession is nine points of the law’. Long possession creates ownership by prescription. Possession is the basis or ground of obtaining certain legal remedies, for example the possessory remedy. Possession plays a very important role in criminal law. In a number of offences against property possession becomes the main issue to be determined. 2 There are two elements which are essential to the concept of possession. 3
1. One is a physical element and consists in physical control over the things and is known as corpus possessionis, and
2. Second is a mental element i.e. animus possidendi which consists in the determination to exercise that control.
Cite this article:
Khushal Suryawnshi. Protection of Possession in India. Research J. Humanities and Social Sciences. 5(1): January-March, 2014, 29-31.