Tzvi Ben Gedalyahu
Hevron Jews have
won a rare court victory that suspends an order to expel Jewish families
from a building that an Arab claimed was sold illegally.
Jerusalem District Court Judge Ram Winograd ruled that a decision
declaring that the building was sold through forgery does not mean that
the residents can be expelled without a hearing.
In the latest case, the Jerusalem court had rejected the Tal
Lebniya construction company’s declaration that it legally purchased the
building from a third-party Arab.
The court accepted the alleged Arab owner’s claims that the sale of
the building in Tel Rumeida may have been forged and that the purchaser
was unable to provide enough details to prove its legality.
The building had been
deserted in 2001, after the start of the Second Intifada, also known as
the Oslo War. The Jewish families moved in four years later after Tal
Lebniya, owned by Moshe Zar, said it had purchased the property.
In the decision for a stay of execution of the expulsion order,
Judge Winograd accepted the argument that the residents are innocent
victims who had moved into their homes with full faith that the building
had been legally purchased, as the buyers still claim. He said the
expulsion order denies the residents' legal right to a hearing.
Jewish purchasers of homes have charged that Palestinian Authority
Arabs have been using a method of deception to sell homes to Jews by
using forged papers to show ownership. After the purchase, the Jewish
buyers repair the homes and families move in, and then the real owner
present documents showing that the structure belongs to them and was
illegally sold.
The trick has worked at least twice. In 2006, Jews were kicked out
of Beit Shapira. Six years later, the Jerusalem District Court has
ordered that Jewish families be expelled from a second home within a
month.
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