Triumph of law

 I was visited by a lady, with tears on her eyes, holding crumbled papers in her arms. My eye sight stopped on the statements of claim about her eviction from her own house. After hearing her and familiarization with the documents in her hands, at a first glance, due claim against her was justified. She personally sold, having registered a purchase and sale agreement at the office of the notary.

 But one thing bothered me – how did she sell her apartment if she did not have any other place to stay, where will she stay. Crying, lady explains that she never intended to sell her apartment, but due to financial difficulties, she wanted to earn a little something and under the influence of a “friendly neighbor” on the same floor, who offered a “quick cash” or mislead her, deceiving her as to his intentions, insisted to register a sort of a formal purchase and sale contract on her apartment, and when returning the money gained from the apartment, make short term investments, then re-register the apartment back on her name.  My sixth sense forced me to take this case and study the civil case materials in detail, where case proceedings were almost ending.

        Having studied the materials of this case, revealed that the defense line of the complainant was infeasible and confusing, not mentioning that all his arguments were unsubstantiated nor supported, except for the notarized purchase-and-sale contract. And it was naive to hope that the sharp eyes of the judge could spot injustice and protect legal interest of an offended and deceived pensioner. Even though we filed a counter-claim on recognition of the deal as invalid according to the findings in Articles 116, 123, 124 of the Civil Code of the Republic of Uzbekistan with submission of evidence of its forgery, it did not effect the final outcome in any way – my client’s claim was dismissed, by granting a judgement in favor of the plaintiff, about her eviction for the apartment.

       Not a single person was interested in the nature of the claim, motivation and outcome, the court of the first instance made a conclusion – she voluntarily signed the contract, so free the apartment for the new owner, who purposefully worked as a real estate agent, purchasing apartments from such defenceless pensioners – as my client, at giveaway prices, promising that he will return her apartment with fixed interest, after he receives payment. Attention was also not given to such a circumstance that the money for the apartment was taken by the neighbour, who was the intermediary, with previous conviction for fraud, similarly on the case of disputed apartment and who knew the buyer very well. Leaving the lonely woman both without money and apartment.

        However it did not stop me from achieving justice on this case and the path for appealing the decision of the court of first instance, as it became know consequently – was selected correctly and according to law. Judgement of the criminal court was appealed in relation to the intermediary person, who under false pretence gained my client’s trust, by taking advantage of her age, used the buyer’s money in his interest, who worked jointly and convicted for fraud, in the part of recovering money from him for the sold apartment, since without reversal of judgement in this part, civil court would not be able to take a legal decision on this case. Sentencing decision was reversed in this part and recommended to take legal recourse on the issue in dispute to the civil court, which we did. Upon presentation of the Tashkent municipal criminal court ruling to the Civil court, with evidences for our part that the plaintiff was interested in making the deal in contrary to the provisions of law and good morals, and on the other side person, intentionally provoking conclusion of a fraudulent deal, judicial panel on civil cases under the Tashkent municipal court reversed the decision of the first instance and passed a new decision on this case, in which refused to satisfy the plaintiff’s claim to the fullest extent, and my client kept her property, earned through so many years of hard work.  We will hope that my client became wiser, and this case will serve as an example to take well-thought actions before concluding any deals.