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2007 Supreme(Del) 757

PRADEEP NANDRAJOG
DEEP CHAND – Appellant
Versus
KULANAND LAKHERA – Respondent


Advocates Appeared:
D.K.Mishra, DEV BHARDWAJ, J.C.Mahindra, Madan Lal Sharma, MAHJABEEN SHAMIM, RAJENDER DUTT, RAM KISHAN SAINI, S.K.PURI, SANGEETA CHANDRA, VIJAY SHARMA


PRADEEP NANDRAJOG, J.

( 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:-

"but the concept of possession is as difficult to define as it is essential to protect. In the first place, possession is an abstract notion and involves the same sort of difficulties, which we have seen to arise with other abstract terms such as "law" and "rule". There is nothing which we can point at and identify as possession in the same way as we can do with concrete things such as tables and chairs. Moreover, it is an abstract term to which the traditional type of definition is as inappropriate as we saw it to be for the term "rule". Just as we could not locate the notion of a rule within some wider class of concepts, so too with possession we cannot define it by placing it in a wider class and then distingui





































































































































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