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State vs . Deepak on 17 April, 2008 cites

Supdt. & Remembrancer Of Legal Affairs ... vs Anil Kumar Bhunja & Ors on 23 August, 1979

Possession is the objective realisation of ownership. It is the de facto exercise of a claim to certain property and a de facto counterpart of ownership. Possession of a right is the de facto relation of continuing exercise and enjoyment as opposed to the de jure relation of ownership. Possession is the de facto exercise of a claim to certain property. It is external form in which claims normally manifest themselves. Possession is in fact what ownership is in right enforceable at law to or over the thing. A man's property is that which is his own to do what he likes with it. Those things are a man's property which are the object of ownership on his part. The word "possession" implies a physical capacity to deal with the thing as we like to the exclusion of every one and determination to exercise that physical power on one's own behalf in full consciousness. Supdt. And Remembrancer of Legal Affairs V. Anil Kumar Bhunja, (1979) 4 SCC 274: 1979 Cri Lj 1390. "Possession is a polymorphous terms which may have different meanings in different contents. It is impossible to work out a completely logical and precise definition uniformly applicable to all situations." Salmond (12th Edn. p. 52). "The test for determining whether a person is in possession of any thing is whether he is in general control of it."
Supreme Court of India Cites 14 - Cited by 673 - R S Sarkaria - Full Document
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