ECC 1262/67

This case involved a request to evict some tenants from a property who had a lease with company to whom a property had been sold. It was stated the property which was the subject of an inheritance had been sold to the company so it could reinsure it not so it could lease it. A key point made by the court was that annulment of the sales contract did not affect the validity of the plaintiff's ownership of the property.

Background

Property owners filed a case against some tenants requesting the court suspend the implementation of a decision to impose custody on their inheritance and order the vacation of the property because security had been imposed on the heirs' properties under a Presidential decision, but the property had been sold to a company so as it could be re-insured, but the company has leased it.

A presidential decree was issued to cancel the guardianship and the sales contract. The tenants did not vacate the property despite the invalidity of the guardianship decision and the President's decision to return the property. Therefore, the plaintiffs filed a case.