288 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Specific Relief regarding Possession of Property
They are dealt with in Sections 8—11.
Section 8. Recovery of specific immovable property by a person entitled to the possession thereof.
Section 9. Recovery of posssession of specific immovable porperty by a person who is dispossessed.
Section 10. Recovery of possession of specific movable property by a person entitled to its possession. (1) By reason of ownership (2) By reason of temporary or special rights (Trustee) Bailment Pawn.
Section 11. Recovery of possession of Specific immovable property by a person who is entitled to its immediate possession.
This applies when the person having possession is not owner
What is meant by possession in Law ?
Legal possession is a compound of two ingredients: Corpus and animus domini.
Note:—
(i) Legal Possession does not involve the element of title or right. Legal Possession is wholly independent of right or title. Legal Possession may be lawful or unlawful.
If a possessor acquired his de facto possession by a means of acquisition recognized by the Law (Justis fitulus) he has a lawful possession ; if he did not so acquire it (as in the case of a thief) he has legal possession, but it is an unlawful one.
(ii) Legal Possession confers more than a personal right to be protected against wrong-doers : it confers a qualified right to possess, a right in the nature of property, which is valid against every one, who cannot show a prior and better title.
There are two elements in legal possession.
(i) Corpus, i.e. the physical relation.
(ii) Animus, i.e. the mental relation.
Corpus or physical relation does not mean physical contact only. It also includes physical contact resumable at pleasure.