Anushka Mamgain, B.A.LL.B, Delhi Metropolitan Education affiliated to (GGSIPU)
ABSTRACT
The most tangible link between the object being held and the person exercising control can only is made through physical control. According to the law and one’s own moral convictions, possession is the fundamental connection between a person and an object. The use and consumption of material items are necessary for human existence and civilization. The Indian Supreme Court elaborated on the concept of possession in B. Gangadhar v. Ramalingam [(1995) 5 SCC 238].1 Possession is the only thing that allows ownership to be objectively realised. Possession of a right serves to reflect both the de facto expression of a claim to a specific piece of property and its de facto counterpart, ownership. It is both the representation of a claim that is stated the most frequently and the way in which assertions are presented in public. In this regard, significant progress has been accomplished. The notion was initially small but has since grown. Because it has so many legal ramifications, possession is a crucial legal term. The presumption that the person in possession of something is its owner and the requirement for any competing claims is known as prima facie proof of ownership, or nine out of ten points of law.
Firstly, paper discusses about various definitions given by different jurist. Secondly, it discusses about kinds of Possession. Thirdly, it talks about elements of possession. Fourthly, it briefly talks about theories of Possession. Fifthly, it talks about mode of acquisition of possession and lastly paper ends with conclusion.
