..::Law of Possession in Pakistan

Law of Possession, Definition and Explanation

“in common speech, a man is said to possess or to be in possession of anything which he has the apparent control or from the use of which he has the apparent power of excluding others”

Possession is one of the most important concepts in the whole range of legal history. It is absolute fact, which has big legal identification to which legal rights are attached and the legal results flow. Apparent possession is evidence of ownership and anyone deserving to disturb it must show either a title or a better possessor right.

Possession is 9/10th of Ownership.

Possession is ownership on the defensive. it is the evidence of ownership. Possession is the nine points of law and hence protection should be given to possession.

Example:-

if a person is in adverse possession of a property for 12 or more years, he became the legal owner of that property and the right of the original owner is extinguished. (The law of Adverse Possession has been declared repugnant to the Injunctions of Islam).

Example:-

In Pakistan, U/S 145 Cr.P.C a Magistrate can restore possession back to the person forcibly dispossessed from an immovable property, which is likely to cause breach of public peace.

Categories of Possession. possession is divided into two categories.

(i) possession in Fact

(ii) possession in Law

(i) possession in Fact

possession in fact is actual or physical possession. It is physical relation to a thing. This simply denoted the physical capacity of a person who had the thing within his control in deal with it as he liked to the exclusion of everyone else.

Example:-

When a servant holds certain things in his custody on behalf of the master, he has the possession in fact.

(ii) possession in Law.

possession in law means possession in the eye of law. It means a possession which is recognized and protected by law. Law wanted to give possession, or the right to exercise a claim to the exclusive control of a thing, and along with it all the other advantages and rights which were closely associated with the idea of possession or physical control, even to a person, who had no actual physical control over it.

Example:-

When a servant holds certain good on behalf of his master, a master still holds possession in law.

Now we can say that many legal results flow from the acquisition and loss of possession. It is the Prima Facie title of the ownership.

20 comments on “..::Law of Possession in Pakistan

    • by filing a revision under section 439 cr.pc before the District and Session Judge Lahore. 1988 PCrLJ 1611

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  1. Hello Sir
    Hope you are doing well

    We are facing a situation regarding the possession of land. The situation is that my paternal uncle had purchased about eleven acres of agriculture land in 1953 from the people living in the vicinity of our ancestral village. The documents of that land were not prepared, hence, my uncle had no documents. Later on, he (uncle) sold that land to his father (my grandfather) and he (my grandfather) asked the former owners of the land to help us prepare the documents and they wrote their statements on the Holy Quran along their signatures and in 1973 according to the law of possession the documents were prepared with the help of probably the Revenue Officer of that time. Later on, after the death of my grandfather the possession of land was transferred to my father. The current situation is that the offspring of the former owners who had sold the land to my uncle are claiming the ownership of the land. They have started this claim by submitting some kind of application to the Assistant Commissioner of our city.
    Dear Sir, now the question is that how strong is our right of ownership on the land that we possess? How to proceed further in order to protect what is ours?

    Awaiting your kind reply Sir.

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