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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V11) 1 CLR 47
1921 October 12
[FISHER, C.J. AND MACASKIE, .ACTING P.J.]
HAJI ANASTASSIA HAJI YANNI AND FIVE OTHERS, AS HEIRS OF HAJI DEMOSTHENE PANAYIOTI
Applicants,
V.
1. MICHAEL THEOPHANI
2. DESPINOU NICOLA
AS HEIRS OF HARALAMBO MICHAELI
3. THE CHIEF CLERK OF THE LAND REGISTRY OFFICE,
Respondents.
MAHLUL-REGISTRATION UNDER C.P.A.L.-LAW 10 OF 1885-EFFECT OF DECLARATION OF PROPERTY AS MAHLUL.
Appeal of Applicants from an order of the District Court dismissing the application for the registration of certain immoveable property in the name of Haralambo Michael, the judgment debtor, on the ground that, before the judgment the Applicants seek to execute was registered, the property had been declared MahIul, and was under orders to be sold.
The facts are as follows:-
Haralambo Michaeli, the judgment debtor, died in 1917 leaving heirs, his widow and an infant daughter. The widow died in 1919, and the daughter in 1920.
After Haralambo Michaeli's death the District Court took over his estate and administered it for the benefit of the infant. When Haralambo Michaeli died he left, inter alia, moveable property valued at £60 and debts amounting to about £26. There was, therefore, a balance of assets of £34 odd to the credit of the estate.
In 1919 present Appellants (Applicants) brought an action against the estate of Haralambo Michaeli for £7 odd, due by deceased to them, and obtained judgment on January 1th, 1920. They registered this judgment on 22nd November, 1920, and on the same day they lodged a C.P.A.L. with the Land Registry Office asking for registration of a certain piece of property in the name of Haralambo Michaeli. A local inquiry was held on the 17th December, 1920, and the Land Registry Office refused to register.
In the meantime the infant daughter of the judgment debtor died leaving as heirs the present Respondents, Michaeli and Despinou, who are outside the degree of affinity to which Arazi-Mirie devolves, and on the death of the infant the Crown claimed the property as Mahlul, and the Land Registry Office ordered the sale on September 27th, 1920, before, the judgment of the Village Judge was registered. By this application, the Applicants sought an order of the Court requiring the Land Registry Office to register the piece of property in the name of Haralambo Michaeli.
This application was filed on the 27th January, 1921.
The sale of the property ordered in September, 1920, was fixed for the 28th January, 1921, and took place as arranged and the property realized £28.
The District Court heard arguments and delivered a judgment on May 18th, 1921, to the following effect:-
Haralambo Michaeli who owed this money died on the 23rd August, 1917, and left moveables £60 13s. 1cp.; debts came to £26 12s. 6cp.; leaving balance of £31 5s. 4cp.
Plaintiffs never appeared to verify their account, nor apparently did they apply to the Court under whom the estate was being managed, or they could have received payment as there were funds available.
The action was brought against the Defendants "as heirs" consequently the only property an order could issue against in the action would be against property of the deceased in the hands of the heirs.
The property to which this application refers did not come into the hands of the Defendants, as they were not entitled to it, therefore, under the action, the judgment did not refer to the property to which this application refers. Application dismissed.
From this judgment the Applicants appeal.
For Appellants (Applicants) Paschalis.
For Respondents (Heirs) no appearance.
For Respondent (Land Registry Office) the Assistant King's Advocate.
Judgment affirming the order of the District Court and dismissing the appeal with costs.