Importance of possession

Possession is one of the most important concepts in the whole range of legal history. Holland said it as the ascertainment of the nature of legal possession is , in fact , indispensable in every department of law. It is as essentials of determination of international controversies arising out of the settlement of new countries , or to the conviction of prisoner of larceny, as it is to the selection of the plaintiff in an action of trover or trespass. Many important legal consequences flow from the acquisition and loss of possession. Possession is the prima facie evidence of the title of ownership. Transfer of possession is one of the chief modes of transforming ownership. The first possession of a things which as yet belongs to no one., is a good tittle of right. Possession is so important that a possessor may in many cases confer a good title on another even though he has none himself. If property is already owned , its wrongful possession is a good tittle for the wrongdoer as against all the world except the true owner. In Hanna vs Peel , the plaintiff was serving in the Royal Artillery . He was stationed in a house requisitioned by the government and he accidentally found a brooch in an upstairs room occupied by him. The brooch was handed over to the police. The police were not able to find out the rightful owner and delivered it to the defendant who was the owner of the house. The defendant sold the jewel . A suit was brought for recovery of the brooch or its jewel. The plaintiff claimed the jewel as the finder . The contention of the defendant was that he was entitled to it as the owner of the property on which it was found. The defendant was never in possession of the house and had no knowledge of the brooch until it was brought to his notice. It was held that the defendant had neither de fecto control nor the animus of excluding others and as such no possession. The plaintiff was entitled to the brooch or its value since his claim as finder prevailed over all but the rightful owner.