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Question

A soldier found a brooch in a house which was compulsorily acquired by the Government for law purpose. The owner of the house had never gone into physical occupation of the house before it was requisitioned for the army. The person legally entitled to the brooch is?

A
The government
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B
The owner of the house
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C
The soldier
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D
None of the above
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Solution

The correct option is C The soldier
In the mentioned case, the element of possession is Corpus Possessionis which means physical possession of a thing. Although the house was acquired by government for army activities but the physical possession of the brooch was with the soldier. This is a kind of possession called "possession in fact". Hence the soldier will be legally entitled to the brooch. The correct answer is C.

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