Mr. X found a box in the basement of a building and informed his employer, who instructed him to put it on a shelf. Two years later ‘X’ investigated the contents and discovered diamonds and claims possession of diamonds against his employer. Explain with whom the possession vests and when?

Facts of the Case

Mr. X, while working in the basement of a building in the course of his employment, found a closed box. He immediately informed his employer about the discovery. Acting on the employer’s instructions, Mr. X placed the box on a shelf without opening or examining its contents. After a lapse of two years, Mr. X opened the box and discovered diamonds inside. He then claimed possession of the diamonds against his employer, asserting rights as the finder of the property.

Issues in the Case

1. With whom does possession of the box and its contents vest initially?
2. Whether Mr. X can claim possession of the diamonds after discovering their contents.
3. At what point, if any, does possession shift from the employer to Mr. X.

Legal Principles Covered

Under Indian jurisprudence, possession consists of two elements:

• Corpus possessionis (physical control)
• Animus possidendi (intention to possess)

When an employee finds property during the course of employment and places it under the control of the employer, possession vests with the employer due to constructive possession. Even though Mr. X had physical contact initially, he lacked the intention to possess the box as owner.

Further, possession of the container includes possession of its contents, even if the possessor is unaware of what lies inside. Discovery of the contents later does not create a new possession.

Possible Judgement

The court is likely to hold that possession of the box vested in the employer from the moment it was placed on the shelf under his instructions. Consequently, possession of the diamonds also vested in the employer from that time. Mr. X cannot claim possession merely because he later discovered the contents, as he neither had animus nor lawful control over the property. Therefore, the employer has a superior right to possession over Mr. X.

About Lawgnan

Concepts such as possession, animus possidendi, and constructive possession are fundamental to understanding property rights under Indian jurisprudence. These principles are frequently tested in law examinations and often arise in real-life disputes involving employers, employees, and found property. If you are a law student, judicial services aspirant, or legal professional seeking simplified, exam-ready explanations rooted in Indian legal principles, explore more expert content. Visit lawgana.in for high-quality legal articles, jurisprudence answers, and case-based insights designed to strengthen your conceptual clarity and legal reasoning skills.