The possessor has better title against the whole world, except true owner.
Even if the possession is wrongful, the possessor if deprived of wrongfully, he
is protected by law providing for possessory remedy.
There are many reasons for the protection of possession
1) According to the philosophical School of jurists, possession is protected because a man by taking possession of an object has brought it within the sphere of his will. The freedom of the will is the essence of personality and has to be protected so long as it does not conflict with the universal will which is the State. As possession involves an extension of personality over the object, it is protected by law. As the reputation of a person he is protected against defamatory attack, his possession is protected as he has projected his Personality over the object possession.
2) Possession is an Evidence of ownership, Section 110 of Indian Evidence Act 1872- Provides ' when any question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not owner is on the person who affirm that he is not the owner.
3) The possession even if it is wrongful is a good title against the whole world except the true owner.
4) Possession is protected for the preservation of peace: It is the natural human Instinct that he does not easily part of with what he possesses. The interference with the possession leads to violence. Thus the protection is given to the Possession to aid criminal law and it prevents a breach of peace.
5) Section 145 of CrPC deals with the dispute of immovable property to provide speedy remedy for the prevention of breaches of peace out of such dispute. The object of this section is to enable an executive Magistrate to intervene and pass a temporary order in regard to the possession of the property in dispute, till the competent civil court determines the right of the parties. The executive Magistrate shall determine the possession of immovable property on a particular date and issue an order declaring such party to be entitled to Possession, thus restore to Possession to the party who was forcibly and wrongfully dispossessed of.
6) Possession is protected as a part of law of tort. Law protects possession not only from disturbance by force but from disturbance by fraud. The protection thus afforded as a part of the law of tort.
7) Section 53a Transfer of Property : Doctrine of part performance which provides, there is a contract of sale in respect of immovable property where in transferor by writing, signed by him agrees to transfer such immovable property and the transferee has taken the Possession of the immovable property and continuous to be in possession of immovable property and the transferee has done something in furtherance of such transfer and ready and willing to perform transfers have done something his part under the contract of transfer, then even though such contract is required to be registered by any law and not registered in fact then also the transferor id debarred from claiming any right against such transferee.
8) Section 47 sale of Goods Act: right of the seller to lien. The seller if unpaid seller is and if the Possession is still with the seller he can retain the goods.
9) Right of Bailee in contract of bailment: Indian Contract Act 1872, Section. 170, 171. The Bailee too has a right to lien the goods bailed to unless he is paid remuneration by Bailor till then he is entitled to keep the position of the goods.
10) In offence of theft in IPC Section 378: Possession is essential element. Even though the possession was wrongful and the Possession of such thing is taken without the consent of the possessor with dishonest intention.
There are many reasons for the protection of possession
1) According to the philosophical School of jurists, possession is protected because a man by taking possession of an object has brought it within the sphere of his will. The freedom of the will is the essence of personality and has to be protected so long as it does not conflict with the universal will which is the State. As possession involves an extension of personality over the object, it is protected by law. As the reputation of a person he is protected against defamatory attack, his possession is protected as he has projected his Personality over the object possession.
2) Possession is an Evidence of ownership, Section 110 of Indian Evidence Act 1872- Provides ' when any question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not owner is on the person who affirm that he is not the owner.
3) The possession even if it is wrongful is a good title against the whole world except the true owner.
4) Possession is protected for the preservation of peace: It is the natural human Instinct that he does not easily part of with what he possesses. The interference with the possession leads to violence. Thus the protection is given to the Possession to aid criminal law and it prevents a breach of peace.
5) Section 145 of CrPC deals with the dispute of immovable property to provide speedy remedy for the prevention of breaches of peace out of such dispute. The object of this section is to enable an executive Magistrate to intervene and pass a temporary order in regard to the possession of the property in dispute, till the competent civil court determines the right of the parties. The executive Magistrate shall determine the possession of immovable property on a particular date and issue an order declaring such party to be entitled to Possession, thus restore to Possession to the party who was forcibly and wrongfully dispossessed of.
6) Possession is protected as a part of law of tort. Law protects possession not only from disturbance by force but from disturbance by fraud. The protection thus afforded as a part of the law of tort.
7) Section 53a Transfer of Property : Doctrine of part performance which provides, there is a contract of sale in respect of immovable property where in transferor by writing, signed by him agrees to transfer such immovable property and the transferee has taken the Possession of the immovable property and continuous to be in possession of immovable property and the transferee has done something in furtherance of such transfer and ready and willing to perform transfers have done something his part under the contract of transfer, then even though such contract is required to be registered by any law and not registered in fact then also the transferor id debarred from claiming any right against such transferee.
8) Section 47 sale of Goods Act: right of the seller to lien. The seller if unpaid seller is and if the Possession is still with the seller he can retain the goods.
9) Right of Bailee in contract of bailment: Indian Contract Act 1872, Section. 170, 171. The Bailee too has a right to lien the goods bailed to unless he is paid remuneration by Bailor till then he is entitled to keep the position of the goods.
10) In offence of theft in IPC Section 378: Possession is essential element. Even though the possession was wrongful and the Possession of such thing is taken without the consent of the possessor with dishonest intention.
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