Historically, illegal squatters attempting to grab land claimed ownership under the doctrine of 'Adverse Possession' if they maintained continuous possession for over 12 years.
However, in a landmark judgment by the Supreme Court Shariat Appellate Bench (Maqbool Ahmad Case), the doctrine of Adverse Possession was declared un-Islamic, void, and repugnant to the Injunctions of Islam. The court held that continuous illegal possession does not extinguish the true lawful owner's title.
Following this landmark decision, squatters, illegal occupants, or defaulting tenants can no longer claim lawful ownership merely based on long-term physical possession. Lawful title deed holders can file a Suit for Possession under Section 8 of the Specific Relief Act 1877 at any time.
In civil land trials across Sindh, courts strictly enforce registered title deeds, Mukhtiarkar revenue entries, and survey maps, granting mesne profits (damages for illegal occupation) against squatters.
Naich Law Firm assists property owners in evicting illegal squatters, recovering mesne profits, and securing vacant physical land possession across Karachi.
Practical Key Takeaways for Litigants & Clients
- The doctrine of Adverse Possession has been declared un-Islamic and void in Pakistan.
- Long-term illegal possession does not grant legal property title to squatters.
- Lawful title deed holders can file suits for possession at any time.
- Courts award mesne profits (monetary damages) against illegal land occupants.
- Registered title deeds and revenue entries prevail over squatter possession claims.