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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V6) 1 CLR 82
1904 January 8
[HUTCHINSON, C.J. AND TYSER, J.]
CONSTANTINO P. DIANELLO,
Plaintiff,
v.
MURID EFFENDI AHMED EFFENDI,
Defendant.
IMMOVEABLE PROPERTY-SALE IN EXECUTION INADEQUATE BID-LAW XVI OF 1889, SECS. 3, 6.
The Defendant applied to stay proceedings under a writ for the sale of immoveable property on the ground that the amount bid was not adequate to the value of the property, and his application was refused because he did not produce the verghi register, the Judge refusing to hear other evidence as to the value of the property.
HELD: that the Defendant was entitled to prove the value of the property by evidence other than the verghi register.
This was an appeal from the District Court of Nicosia reversing the decision of Mitzis, O.J., whereby the said Judge had dismissed an application to stay proceedings under a writ for the sale of immoveable property on the ground that the bid was inadequate to the value. The learned Judge so decided because the Defendant had not produced the verghi register to shew the value therein; and he refused to receive other evidence of value.
Artemis for the Appellant:
The Defendant must prove the inadequacy of the bid by the production of the verghi registers.
Kyriakides for the Respondent:
The value in the verghi register is too low. The Defendant is entitled to prove the real value of the property by experts.
Judgment: Section 3 of the Law XVI of 1889, enables the debtor where a writ for the sale of immoveable property shall have issued and the highest amount bid for all or any of the property shall be inadequate to its true value to apply to a Court for a stay of proceedings under the writ as to the property the highest bid for which was inadequate.
If there were no other enactment the debtor would be able to, and would have to, prove the inadequacy of the bid by such evidence as would be admissible to prove any other fact.
Section 6 of the Law enables the debtor to prove that the bid is inadequate by shewing that it is less than one-third of the value of the property in the verghi register, unless the Plaintiff proves that the value in such register is too high.
This section enables the Defendant to use as proof the register which would otherwise not be admissible as evidence, but it does not preclude him from producing other evidence.
Appeal dismissed with costs.