LAWS(DLH)-2007-4-162

DEEP CHAND Vs. KULANAND LAKHERA

Decided On April 17, 2007
DEEP CHAND Appellant
V/S
KULANAND LAKHERA Respondents

JUDGEMENT

(1.) Dealing with possession, in Chapter 9, Salmond On Jurisprudence (12th Edition), states that few relationships are as vital to man as that of possession, and we may expect any system of law, however primitive, to provide rules for its protection. Possession of material things is essential to life, it is the most basic relationship between men and things.

(2.) Elaborating the concept of possession, at page 266, the learned author has opined:-

(3.) At page 274, the learned author has opined that in a civilized society some protection of possession is essential. There are two methods of protecting the possession. Firstly, the possessor can be given certain legal rights, such as a right to continue in possession free from interference by others. Secondly, the law can protect possession by prescribing criminal penalties for wrongful interference and wrongful dispossession.