possession

In jurisprudence, possession has two elements: corpus (physical control, or the power to exercise it) and animus possidendi (the intention to possess and exclude others). Possession may be actual or constructive (through an agent, tenant or bailee), and it may be lawful or unlawful.

Possession is protected even against the true owner except by due process: a person dispossessed of immovable property without consent and otherwise than in due course of law can recover it by a summary suit within six months, without proving title. Long, open and hostile possession can ripen into title by adverse possession. Possession is not ownership, though it is said to be nine points of the law because the possessor is presumed to be owner until the contrary is shown.

Example

Even a trespasser in settled possession cannot be evicted by the true owner by force, but only in due course of law.

In Indian law

• s.6, Specific Relief Act, 1963 (suit by person dispossessed of immovable property)
• Article 65, Limitation Act, 1963 (suit for possession based on title)

See also

ownership · adverse possession · animus possidendi · title

Read more in the study notes

• Rights of a banker: lien, set-off, appropriation and charges (Banking Law)
• Holder and holder in due course, parties to instruments, their liability and payment in due course (Banking Law)
• Paying banker, collecting banker and crossing of cheques (Banking Law)
• Lending by banks: principles, priority sector, securities, interest and penalty (Banking Law)
• Default and recovery: Debts Recovery Tribunals and the SARFAESI Act (Banking Law)
• Arrest: concept, procedure, safeguards, proclamation and handcuffing (Bharatiya Nagarik Suraksha Sanhita)