How to File a Possession Suit in Islamabad & Peshawar Civil Courts — Step-by-Step?

Property disputes are common in Islamabad and Peshawar, particularly when rightful owners are deprived of physical control over their land or house. A possession suit allows an aggrieved party to reclaim their lawful property through the civil courts. These cases require careful documentation, adherence to procedural law, and strong representation. Nouman Muhib Kakakhel – Lawyer & Legal Consultant has handled numerous possession suits, guiding clients from filing to final decree with precision and strategy.

Step 1: Understanding the Legal Basis for a Possession Suit

A possession suit is usually filed under the Specific Relief Act, 1877, which provides remedies for rightful owners who are unlawfully dispossessed. Courts in Islamabad and Peshawar require plaintiffs to establish their ownership or tenancy rights through documents such as sale deeds, allotment letters, or mutation records. Without this legal foundation, the case cannot proceed. Parties often consult real estate lawyers with civil litigation expertise to confirm whether their claim qualifies for a possession suit.

Step 2: Drafting the Plaint and Preparing Evidence

The first formal step is drafting the plaint, which outlines the facts of the case, the nature of dispossession, and the relief sought. Evidence plays a central role, and it typically includes registered ownership documents, revenue records, witness statements, and sometimes photographs or site maps. A carefully drafted plaint ensures the judge clearly understands the dispute and the legal grounds for recovery.

Step 3: Filing the Case in Civil Court

Once the plaint and supporting documents are ready, the possession suit is filed in the civil court having territorial jurisdiction, either in Islamabad or Peshawar. Court fees and stamp papers are submitted alongside the filing. After the case is admitted, summons are issued to the defendant to appear and respond. At this stage, litigants benefit from professional court representation in property disputes to ensure compliance with court procedures.

Step 4: Defendant’s Response and Preliminary Hearings

The defendant is given an opportunity to file a written statement, challenging the plaintiff’s claims. In many cases, defendants argue lack of ownership, adverse possession, or procedural flaws in the suit. The court then holds preliminary hearings to frame issues—specific questions of law and fact that will be decided during trial. This stage sets the roadmap for the litigation and determines the burden of proof for each party.

Step 5: Evidence Recording and Witness Examination

Once issues are framed, both sides present evidence. The plaintiff’s witnesses testify first, followed by cross-examination by the defendant’s counsel. Documentary evidence is also examined for authenticity. This process is often lengthy, but it is the heart of the case. A possession suit with strong, credible evidence is much more likely to succeed. Plaintiffs often rely on real estate litigation experts at this stage to ensure that cross-examination does not weaken their case.

Step 6: Final Arguments and Judgment

After evidence is recorded, both parties present their final arguments. The court then delivers its judgment, which may decree possession in favor of the rightful owner or dismiss the suit if the plaintiff fails to prove ownership. If possession is granted, the decree is enforceable through execution proceedings, where the court’s bailiff can physically hand over the property to the rightful owner.