LAW OF EVIDENCE 557
Reason for the Rule —
Ownership chiefly imports the right to exclusive possession and enjoyment of a thing. The owner in possession has the right to exclude all others from possession and enjoyment of it; and if he is wrongfully deprived of what he owns, he has the right to recover possession of it.
Ownership also imports the power to dispose of property, to sell, mortgage or donate.
Right to possession and Right to dispose of are therefore incidents of Ownership. Where there is ownership there goes with it the right to possession and the right to dispose.
The law therefore holds that a person would not be in possession of property unless he was the owner and places the burden on his opponent.
The principle of the section does not apply in the following cases—
(i) Where the possession is merely judicial as distinguished from actual present possession.
(ii) Where possession is obtained by fraud or force.
BURDEN OF PROOF
The Law requires the person to discharge the Burden of Proof which is placed upon him.
In discharging the Burden of Proof attention must be paid to two considerations.
(i) There are Matters of which Proof is not required.
(ii) There are Matters the Proof of it is not allowed.
- We must therefore proceed to consider these matters and the rules regulating them.