Goods owned by “A” were put by his agent in rooms in the house of ‘B’ with B’s permission The rooms were locked by A’s agent and he took away the key. Who was in possession of the rooms?

Doctrine of election

Facts of the Case

Goods owned by ‘A’ were placed by his agent in certain rooms of a house belonging to ‘B’. This was done with the permission of ‘B’. After placing the goods inside, the agent of ‘A’ locked the rooms and took away the keys with him. ‘B’ had no access to the rooms or control over the goods stored therein. A dispute arises regarding who was in legal possession of the rooms containing the goods.

Issues in the Case

  1. Who had legal possession of the rooms after they were locked.
  2. Whether mere ownership of the house gives ‘B’ possession of the rooms.
  3. Whether ‘A’, through his agent, retained possession despite not owning the house.

Legal Principles Covered

Under Indian jurisprudence, possession requires two essential elements:

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

Although ‘B’ is the owner of the house, he neither had physical control nor intention to possess the locked rooms. The agent of ‘A’, by locking the rooms and retaining the keys, exercised exclusive control and intended to possess the rooms on behalf of ‘A’. Hence, constructive possession remained with ‘A’ through his agent. Ownership of premises alone does not amount to possession without control and intention.

Possible Judgement

The court is likely to hold that possession of the rooms vested with ‘A’, as his agent had exclusive control and animus by locking the rooms and retaining the keys. ‘B’ merely permitted the use of the rooms but lacked both physical control and intention to possess them. Therefore, ‘A’ was in lawful possession of the rooms and the goods stored therein.

About Lawgnan

Concepts such as corpus possessionis, animus possidendi, and constructive possession are fundamental to understanding possession under Indian jurisprudence. These principles frequently appear in law examinations and are crucial in resolving disputes involving property, bailment, and agency. If you are a law student, judicial services aspirant, or legal professional looking for clear, exam-ready explanations of jurisprudence and core legal doctrines, explore more expert content. Visit lawgana.in for well-structured answers, conceptual clarity, and practical illustrations designed to strengthen your legal reasoning and academic performance.

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