[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

[Emblem]

The Judiciary of the Islamic Republic of Iran

Judgment

The Court: ----

 

Do not follow (your) low desires, lest you deviate

 

Date: ----13

Number: -----

Attachment: -----

 

Case Number: General 18/78/46

Judgment Number: 354 – 14 Tir 1380 [5 July 2001]

Plaintiff: Ataollah Movaffaghi [redacted]

Defendant: Safar Nourian – Sari – Region 8 – Household Appliance Store

Subject of grievance and claim: Eviction

Investigating Authority: Branch 18 of General Court of Sari

 

The Judgement

Regarding the petition of Mr. Ataollah Movaffaghi, for [restoration] of the confiscated plots of land, worth 1,500,000 rials, the defendants, Messrs. 1- Safar Nourian, 2- Nour-Mohammad Alishah, 3- Haj Abbas Layali, and 4- Ali Layali, have explained that these plots of land have been occupied by them since 1362 [1983]. [The land comprises] about three acres and is part of the property of the Margav in the form of dry land. At the hearing on 19 Tir 1378 [10 July 1999], the plaintiff stated that [they] had owned and cultivated the lands of that area for many years, and that these lands had been inhabited by [their] fathers. At the beginning of the revolution, because they were Baha’is, their lands were handed over to these gentlemen.

[One of the defendants,] Mr. Nour-Mohammad Alishah [illegible], stated, on his behalf and also on behalf of the other defendants in that hearing, “At the beginning of the revolution, their land was occupied by the Board of Land Affairs and [Agricultural] Jihad, and Jihad cultivated it for two years. When they [Jihad] suffered a loss, they left the land and handed it over to us by determining some interest [to be paid to them] ….” [He] added, “The land in question is endowed; in this regard, documents have been submitted to the court and are attached to the case file.”

The court, taking into consideration all the documents, the papers and the contents of the case file, including the confession of the defendants, and taking into account that the removal from the claimants of the said lands was undertaken by illegal means, and that the claimant’s being a Baha’i is not a license to seize their property, and assuming that the lands are endowments, there is no ethical or legal prohibition against their use of the mentioned lands in the way that is customary by others who cultivate as endowment farmers and pay the endowment rights. Therefore, the court recognizes the plaintiff as the permanent [owner], citing Articles 308 and 311 of the Civil Code, and issues orders for the expropriation of the said lands and its delivery to the plaintiff.

This judgment is made in person and according to the amount claimed, is definite. S

 

Judge of Branch 18 of the General Court of Sari Ramazani

[Signature on Official Stamp]

 

[Stamp][illegible] copy

26 Tir [illegible] [17 July]

 

[Handwritten note on top of the page]

Branch 109

 

[Handwritten note on top of the page]

85/1288 [illegible]