LAW OF SPECIFIC RELIEF 289
The essence of corpus is the power, to exclude others from the use of a thing, i.e. an effective occupation or control according to the nature of the thing possessed.
Animus is the intention of exercising such power of dealing with a thing at pleasure and excluding others— animus domini.
Three forms of animus
The mental attitude of the physical possessor in regard to the object of his possession may assume three degrees.—
First. —His intention may be merely to protect the thing. There is no assertion of right—Servant’s possession of masters goods.
Second. —Intention to control for certain limited purposes —e.g. tenant—intention to exclude every one except the owner.
Thirdly. —Intention amounting to a denial of the right of every other person—This is the real animus domini.
Distinction between Possession and Trespass
- What the plaintiff is to prove in such cases is possession of the disputed property and not mere isolated acts of trespass over that property. He must prove—
(i) That he exercised acts which amounted to dominion, the nature of these acts of dominion varies with the nature of the property.
(ii) That the act of dominion was exclusive.
- If the occupation of the plff., as indicated by those acts, has been peaceable and uninterrupted and has extended over a sufficient length of time, the inference may properly be drawn that the plaintiff was in possession.
Objects of Section 8 and 9.
(i) Section 8 of the Act provides dial the person entitled to the possession of specific immovable property may recover it in the manner prescribed by the C. P. C, i.e., by a suit for ejectment on the basis of title.
(ii) Section 9 gives a summary remedy to a person, who has, without his consent been dispossessed of immovable property otherwise than in due course of Law for recovery of possession without establishing title.