[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

[Emblem]

The Judiciary of Islamic Republic of Iran

Judgment

Court……..

 

So follow not [personal] inclination, lest you not be just.[1]

 

[Date:] ---

No ---

Attachment ---

 

On 27/10/71 [17 January 1993] decision number 362- [dated:] 27/10/71 [17 January 1993] case reference 71-134 H1S3 administered by Branch 3H1

 

Plaintiff: Mrs. Sholeh Misaghi Dehaghani, daughter of Amanollah, resident of [redacted]

Defendant: The Department of Finance, Isfahan

Claim: Proof of Ownership

 

The plaintiff had filed a statement and claim against the defendant in Branch 1 of the Civil Court in Isfahan and the claim was then referred to this branch.  Finally, on the above date and at the designated time, the court convened, presided over by the undersigned, and after reviewing the case and with consultation, concluded the proceedings and delivered the decision noted hereunder:

 

(Court Order)

 

Mrs. Sholeh Misaghi Dehaghani had initiated proceedings against The Department of Finance in Isfahan and claimed her father, Dr Amanollah Misaghi, had bequeathed to her as a gift, the house located in [redacted]. This house however, had been seized by order of the Ahvaz Islamic Revolutionary Court as a property of her father (Amanollah Misaghi) and she has recently been served with a ‘Notice to Vacate’ and hand over the house to The Department of Finance in Isfahan. Since this house was given to her as a gift, she is requesting that the court issue an order recognising her as the owner.  Having considered the contents of the file, The Islamic Revolutionary Public Prosecutor of Ahvaz, in letter number 88/66/270 – 5/11/70 [25 January 1992], registered under number 3261-16/11/70 [5 February 1992] in the office of this court, has responded to the inquiry and has announced that all movable and immovable property of Dr Amanollah Misaghi and [his] immediate family including Sholeh Misaghi are covered by the Islamic Revolutionary Court order number 125-18/7/61 [10 October 1982].  This court order therefore, includes the plaintiff and as such, she cannot ask for proof of ownership and is not in a position to initiate proceedings.  Therefore, according to Article 2 of Criminal Procedure Code, the claim is inadmissible and declared invalid.

 

Chief Justice of Branch 3 of Civil Court: Bahramian

Court Advisor: [Kamalvand]

 

 

 

 

[1] [Quran Surih An-Nisa 135]