Adv Ch Shahid Bhalli

How Do I Recover Possession of an Immovable Property

As per Lawkidunya, Recover Possession of an Immovable Property in Pakistan, article 65 To Schedule I Of The Limitation Act, 1963 and under section 8 of Specific Relief Act, a suit can be brought by the person disposed of by his immovable property against his free consent and otherwise than in due course of law; he may recover the possession thereof.

Section 8 of the Specific Relief Act provides to a person on the basis of title, the remedy of possession of specific immovable property. Section 9 provides remedy to a wrongfully dispossessed person, irrespective of ownership or title of property. The purpose to protect possession is two-fold.

Under Civil Procedure Code, a suit for declaration relating to the rights and interest in an immovable property is instituted in a Court within local limits of which the property is situated. limitation period for recovery of specific immovable property for filing of suit u/s 8 is 12 years. Limitation for filing a suit u/s 9 is 6 months with in the time of dispossession.

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