Possession of Agent,  Civil Law

Possession of Agent – Is Possession of Principal

In Smt. Chandrakantaben v. Vadilal Bapalal Modi,  (1989) 2 SCC 630, the Hon’ble Supreme Court has held that the possession of the agent is the possession of the principal and in view of the fiduciary relationship he cannot be permitted to claim his own possession. Thus, the agent is an extended hand of principal.          Thus, an agent who receives property or money from or for his principal obtains no interest for himself in the property. An agent holds the principal’s property only on behalf of the principal. He acquires no interest for himself in such property. He cannot deny principal’s title to property. Nor he can convert it into any other kind or use. His possession is the possession of the principal for all purposes. The agent has no possession of his own. Caretaker’s possession is the possession of the principal. The possession of the agent is the possession of the principal and in view of the fiduciary relationship he cannot be permitted to claim his own possession. Thus agent is the extended hand of principal. Dr. Vishwanath Mishra v. XIIIth Additional District Judge, 2020 (138) ALR 159.

Leave a Reply

Your email address will not be published. Required fields are marked *