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A-Modes of Acquisition of Possession

There are three modes of acquiring possession as follows:

(a) By Taking-
it is the acquisition of possession without the consent of the previous
owner and it may either be rightful or wrongful.

For example, as Keeton says, where an inn-keeper seizes the goods of

his guest, who has failed to pay his bill, there is acquisition of
possession by rightful taking. But where a thief steals something, he
acquires possession wrongful taking. But it is not necessary for
acquisition of possession by taking that the thing must be already in
the possession of some other person. For example, res nullis, that is, a
thing belonging to no one, like, a wild animal or bird, etc. and acquiring
possession of a res nullis is also by way of taking.

(b) By Delivery-
it is the acquisition of possession with the consent of the previous
owner and is of two types, actual and constructive.

Actual delivery is the physical or actual transfer of a thing from the

hands of one person to another. It is of two kinds, one in which the
owner still has a mediate possession like when A lends his book to B,
and the other in which the owner does not retain even the mediate
possession like when A sells the book to B.

Further constructive delivery is one in which there is no direct or

actual transfer of the possession of the thing.
(c) Operation of law-
Possession can be acquired by the operation of law also like in case of
adverse possession and of succession.

B-LEGAL CONSEQUENCES OF POSSESSION

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 the Law

of evidence ​- 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 The 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: 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 PPC 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.