as earlier indicated. These are private lands as known to the Bihar Tenancy Act, pri_vileged lands as known to the Chota Nagpur Tenancy Act, land ontstanding with mortgagees, pending redemption and lands which are actually being cultivated ·by the proprietor himself. Ordinarily what is outstanding with lessees and mortgagees may not fall within khas possession. The Legislature, however, thought that while the permanent tiller's rights should be protected and therefore, raiyats B and under-raiyats should have rights directly under the State, eliminating the private proprietors, the Zarnindar or proprietor also should be allowed to hold under the lltate,, on payment of fair rent, such lands as have been in his cultivatory possession and other lands which were really enjoyed as private or privileged lands or mortgaged with possession by him. With this end in view, section 6(.1) enlarged its scope by including the special categories. The word 'include' is generally c used in interpretation clauses in order to enlarge the. meaning of the words or phrases occurring in the body of the statute. It is obvious that section 6( I) uses the word 'including' to permit enlargement of the meaning of khas possession for the limited purpose of that section. emphasising thereby that, but for such enlargement, the expression khas possession excludes lands outstanding even with temporary lessees. It is perfectly plain, therefore, that khas possession has been used in. D the restricted sense of actual possession and to the small extent it had to be enlarged_ for giving relief to proprietors in respect of 'private', 'privileged' and mortgaged "!ands inclusive expressions had to be employed. Khas possession is actual possession, that is "a foothold on the land, an actual entry, a possession in fact, a standing upon it, an occupation of it, as a real, administrative act done"('). Constructive possession or' possession in law is what is covered by the subE clauses of section 6( 1). Even so, it is impossible to conceive, although Shri Misra wanted us to accept, that possession is· so wide as to include a mere right to possess, when the actual dominion over the property is held by one in hostility to the former. Possession, correctly understood, means effective, physical control or occupation. . "The word possession .is sometimes used inaccurately as synonymous with the right to possess". (Words and Phrases, 2nd Edn., John B. Sounders., F p.151). "In the Dictionary of English Law (Earl Jowitt) 1959 at p. 1367 "possession" is defined as follows : 'possession, the visible possibility of exercising physical control over a thing coupled with the intention of doing so, either against all the world, 'or against all the world except certain persons. There are, therefore, three requisites of possession. First, there must be actual or potential physical control. Secondly, physical control is not possession, unless accompanied G by intention; hence, if a thing is put into the hand oti a sleeping person, he has not possession of it. Thirdly, the possibility and intention mu~t be visible or evidence by external signs, for if the thing shows no signs-of being under the control of anyone, it is not possessed; ... '. In the end of all, however. the meaning of 'possession' must depend on the context." (ibid. p. 153). May be, in certain situations, possession may cover right to possess. It is thus clear that in Anglo- H American jurisprudence also, possession is actual possession and in a limited set of cases, may include constructive possession, but when
