Correct option is B
The correct answer is (b) Section 110 of the Indian Evidence Act.
Explanation: The principle that 'Possession is the Prima Facie evidence of ownership' is described in Section 110 of the Indian Evidence Act.
Detailed Explanation:
· Section 110 of the Indian Evidence Act: This Section provides that when a person is shown to be in possession of anything, it is presumed that they are the owner of that thing unless the contrary is proved.
· Legal Presumption: The Section establishes a legal presumption in favor of the person in possession, making possession prima facie evidence of ownership. This shifts the burden of proof to the person who disputes the ownership.
· Rationale: The rationale behind this presumption is to provide stability and order in society by recognizing possession as a basis for asserting ownership unless there is evidence to the contrary.
· Application: This principle is widely applied in legal disputes involving property, where possession serves as a strong indicator of ownership unless effectively challenged by contrary evidence.
Information Booster:
· Burden of Proof: Section 110 shifts the burden of proof to the person who contests the ownership of the person in possession.
· Legal Stability: The principle supports legal stability by upholding the presumption of ownership based on possession, reducing frivolous claims.
· Contrary Evidence: To rebut the presumption of ownership, the challenger must provide substantial evidence showing that the person in possession is not the rightful owner.
· Protection of Rights: The presumption protects the rights of possessors, ensuring that their possession is respected unless there is a valid legal challenge.
· Judicial Interpretation: Courts have consistently upheld the principle that possession is strong evidence of ownership, emphasizing the importance of stability and predictability in property rights.
Additional Information:
· Section 108: Deals with the presumption of the death of a person who has not been heard of for seven years.
· Section 113: Relates to the proof of cession of territory.
· Section 111: Pertains to proof of good faith in transactions where one party is in a position of active confidence.
