[PROVISIONAL TRANSLATION FROM PERSIAN]

 

[Translator’s notes appear in square brackets]

[Personal information has been redacted.]

 

15 Tir 1393 [6 July 2014]

 

Esteemed Director-General of the Justice Administration

Greetings

Subject: Announcement of Judicial Error in Judgment Number 00089, 4 Ordibehesht 1393 [24 April 2014]

Respectfully, in order to apply Article 18 of the Amended Public and Revolutionary Courts Procedure Code,  and according to the following: (1) Letter No. 93/7418/S, dated 8 Khordad 1393 [29 May 2014], (2) the director of land affairs of the Agriculture Jihad Organization of Semnan Province and (3) subsequent to reviewing the referred file records it reveals that the land area subject to termination of the contract of the lease agreement between the Agriculture Jihad Organization and Mioun Lobar Agriculture and Animal Husbandry Company is 50 hectares, of which Mioun Lobar Company has developed about 3,557 square metres and its ownership documents have been obtained in the name of the company.

Thus, based on the termination of the contract, the request of the Agricultural Jihad Organization to evacuate and hand over the mentioned lands (with the exception of 3,557 square metres in which buildings have been built) can be considered correct and justified and the said lawsuit was eligible for investigation. And the court’s inference that on the whole, the buildings have been erected and the Mioun Lobar Company succeeded in obtaining its ownership documents has been a mistake.

Therefore, issuance of a writ of non-suit to evacuate and hand over the transferred lands in the form of a lease in addition to the title deeds of the building is against the legal and religious criteria. In order to apply Article 18 of the Amended Public and Revolutionary Courts Procedure Code, and in case of the approval of the esteemed president of the Judiciary, a de novo hearing will be announced and the case will be heard in person.

 

[Illegible] Fakouri

15 Tir 1393 [6 July 2014]

 

Court advisor

Ali-Reza Tofigh

15 Tir 1393 [6 July 2014]