How to File an Ejectment Suit Against Tenants — Islamabad & Peshawar Procedure?

In cities like Islamabad and Peshawar, landlord-tenant relationships often turn contentious when tenants refuse to vacate property after the expiry of tenancy or when they default on rent. The law provides landlords with the right to file ejectment suits to reclaim possession, but the process requires compliance with statutory requirements. Nouman Muhib Kakakhel – Lawyer & Legal Consultant has represented numerous landlords and property owners in reclaiming premises through proper legal action.

Legal Framework Governing Ejectment Cases

Tenancy matters are regulated under specific rent laws in Pakistan, such as the Islamabad Rent Restriction Ordinance and the Khyber Pakhtunkhwa Urban Rent Restriction Ordinance. These laws protect both landlords and tenants by ensuring that disputes are resolved through formal procedures rather than arbitrary eviction. The landlord must provide valid legal grounds such as non-payment of rent, breach of tenancy conditions, or bona fide need for the premises. Many landlords consult rental dispute specialists to ensure that their case is properly framed in line with these laws.

Preparing and Filing the Ejectment Petition

The ejectment process begins with filing a petition before the Rent Controller of the area where the property is situated. The petition should clearly outline the tenancy terms, grounds for eviction, and supporting evidence. It must also include tenancy agreements, rent receipts, and details of default if applicable. A well-drafted petition is crucial, as technical deficiencies can delay the proceedings or even lead to dismissal.

Tenant’s Right to Respond

Once the petition is filed, the tenant has a right to contest the claim. Tenants may argue that they have not defaulted, that the tenancy agreement allows continued possession, or that the landlord’s need is not genuine. Courts in Islamabad and Peshawar carefully examine both sides before granting relief. This stage often involves submission of counter-affidavits, rent payment records, and oral testimony.

Role of Evidence in Ejectment Suits

Evidence is the cornerstone of ejectment proceedings. A written tenancy agreement strengthens the landlord’s case, but even oral tenancy can be proven through rent receipts, bank transfers, or witness testimony. Courts also consider municipal records or prior notices exchanged between the parties. Without sufficient evidence, ejectment suits can become protracted and difficult to enforce. Engaging property litigation advisors ensures that landlords present a strong evidentiary case.