Civil suit for possession
You want a civil court to give your property back, and no special court applies to you.
Islamabad. 6 steps, 5 confirmed against the text.
What this route rules out
- If you are an overseas Pakistani and the property is in Islamabad or Punjab, a case with you as a party goes to the special court once one is sitting.
- The quick suit under section 9 must be filed within six months of being put out.
The steps
You
Islamabad only
If you are an overseas Pakistani, check first whether an Islamabad special court is sitting. If it is, your case goes there.
s4(3), Establishment of Special Court (Overseas Pakistanis Property) Act 2024, read .
The text says
Notwithstanding anything contained in the Code or any other law for the time being in force, all actions, disputes, petitions, suits, proceedings and matters connected therewith in which one or more of the parties are overseas Pakistanis, shall be heard and adjudicated exclusively by a special court.
Civil court
If you were put out without your consent and not by legal process, you can sue to get possession back, even if the other side claims title.
s9, Specific Relief Act 1877, read .
The text says
If any person is dispossessed without his consent of immoveable property otherwise than in due course of law, he or any person claiming through him may, by suit ... recover possession thereof, notwithstanding any other title that may be set up in such suit.
Civil court
File that section 9 suit within six months of being put out.
- Time
6 months from the day you were put out.
First Schedule, Article 3, Limitation Act 1908, read .
The text says
under the Specific Relief Act, 1877 (I of 1877), section 9, to recover possession of immoveable property ... six months ... when the dispossession occurs
section 9, to recover possession of immoveable property ... six months ... when the dispossession occurs
Civil court
After six months, or to settle who owns it, you can still sue for possession as the person entitled to it.
s8, Specific Relief Act 1877, read .
The text says
A person entitled to the possession of specific immoveable property may recover it in the manner prescribed by the Code of Civil Procedure
Civil court
A suit for possession after you were put out, or stopped possessing, has twelve years from that date.
- Time
12 years from the day you were put out.
First Schedule, Article 142, Limitation Act 1908, read .
The text says
for possession of immoveable property when the plaintiff while in possession of the property, has been dispossessed or has discontinued the possession ... twelve years ... the date of the dispossession or discontinuance
has been dispossessed or has discontinued the possession ... twelve years ... the date of the dispossession or discontinuance
Civil court
Find which civil court hears your suit, what the plaint needs, and the court fee.
UNCONFIRMEDThese turn on the Code of Civil Procedure and the Court Fees Act, which we have not read. Ask a lawyer.
s8, Specific Relief Act 1877, read .
The text says
in the manner prescribed by the Code of Civil Procedure
One more step depends on where the property is. Choose Islamabad or Punjab above to see it.