“In the name of Allah, the Most Gracious, the Most Merciful. With Qasim Intezad, I am present in your service. I have prepared a very comprehensive lecture. I have studied many laws by gathering them together for quite a while and then prepared this lecture on ‘Possession’ (Qabza). This will be a complete lecture. If your land has been encroached upon, or is about to be, what can you do? This is a very important matter. I will also discuss various laws and tell you the drawbacks and benefits of each law. Then, it’s your choice which method you wish to use to reclaim your possession. So, this [clears throat] video will be very important for you. You must watch this video completely and also comment on how you liked it. You will not find a video as comprehensive and composite as this on this topic.
Whether it’s your land, house, plot, commercial property, or agricultural land – if it has been possessed (encroached upon), then what should you do? First, I will tell you that there are approximately 5 remedies available to you.
First Remedy (Section 145 CrPC):Â If you want an immediate solution, and you are weak, the other party is very strong, the police aren’t supporting you, officials aren’t supporting you, and people have suddenly arrived. You have possession, and evidence that you have possession. What can you do? I’m telling you a great trick. Don’t go for a big, expensive lawyer from your neighborhood. You file an application before the Area Magistrate under Section 145 CrPC, framing it as a breach of peace (like Section 107). You request that proceedings under 145 be initiated and your possession protected. The limitation for this is within two months of the incident. Your application will be sent, and the SAO (Sub-Area Officer/SDM) will be asked for a report immediately. Your job is to retain that possession through social media and your own system. Even if it has been taken from you, you must at least prove that you were in possession when it was taken. This is a very powerful law, and perhaps no clear video has been made on it yet. Even if your possession has been taken, the police have to submit a report, and you have to inform them that your possession was there within those two months.
The interesting thing is that even if you are not the owner, it doesn’t matter. How? Even if the owner is trying to take direct possession, you can stop them and say, ‘Sir, first get a partition done.’ Even a tenant can file this if there is a rent dispute. However, if a civil suit regarding title is already pending, then 145 might not be applicable. But temporarily, initially, this can be done. A report will be called. The police will go to the spot. The key is that they don’t need to prove ownership, only possession. You need to offer a clear statement that, ‘Sir, note this, my possession was here.’ You don’t need to be the owner. You can file a 145 application against the government too. If you have land on lease and they are trying to evict you, you can file this. This is how you can be saved.
Second Remedy (Section 9, Specific Relief Act):Â A similar and parallel inquiry is the suit under Section 9 of the Specific Relief Act. Like 145, you can file this without title. It has a time limit of six months. The interesting benefit is that there is no appeal provided against the decision under Section 9. So if you file this, the court can order that the possession be maintained. Let the other party file a suit for ownership and eviction.
Third Remedy (Section 6, Specific Relief Act – based on Title):Â Then there is Section 6 of the Specific Relief Act, which is for recovery of possession based on title (ownership). Many people have ownership. For example, sisters not getting share from brothers, step-brothers, father’s property not given by sons, or vice versa, or cousins. For this, the claim is clear, but you will need to provide substantial evidence. Since you have the title, how can they say it’s not your land? This is a very good proceeding in Civil Court for respectable people who want to reclaim possession through court.
Comparison & Fourth Remedy (Partition):Â Now compare these with a partition suit. Where there was no title (145 & 9), there is a different situation. But if the person in possession is also a co-sharer (Khaata Shareek), then what? Then you should go for partition. There is a new law regarding the ‘retirement of ownership’ (referring to recent reforms, e.g., by Maryam Nawaz), but complications arise in co-share cases. If your possession is less in a joint property, issues like front/back, desert, canal, river can arise. You may not get possession as per your choice. Litigation then depends on the judge’s perspective. So, you need to decide whether to go for partition or file a Section 6 or 9 suit.
Fifth Remedy (Quick Partition – Recent Reforms):Â The benefit of filing a partition suit is that the property’s limits get finalized. The law has also changed; there is no second appeal, and the decision is supposed to be within three months. I have a video on that available.
Summary & Conclusion:Â So when should you use Section 9? If you want to avoid hardship, you cannot go to the spot, you don’t have the courage to go to the Patwari, or you are elderly or a widow, then file a claim in Civil Court. If you have time, file in Civil Court. These days, it happens quickly if the parties are not difficult. Long civil cases happen when there are many parties or someone is not made a party properly, causing delays. Here, the parties are few. You just need to get a stay. So this matter can be resolved.
Thus, I have attached the 2nd, 3rd, 4th, and 5th remedies together. To reiterate the most important point: If you need to regain possession quickly – you don’t have ownership papers, nothing, you are weak, the oppressor is strong, police/DC are against you, the other group is powerful. Even if you have no lawyer. If you have just 100 Rupees, you can write a simple application under Section 145, attach three or four affidavits, get it written by anyone, and go submit it to your Area Magistrate. Your work will be done. If you hire a lawyer, they aren’t so cruel as to not support you. If the matter is complex and the other side is powerful, then go for partition etc., because powerful people play mind games and know how to fight legally.
This was a very good video made for you. Thank you very much. A big thank you to YouTube for giving me this opportunity. After reaching 1 lakh subscribers, I am trying to make such videos that you have never seen before, containing answers to your questions. Thank you very much.”