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Colonial Cases

Tannous v. Order of the Rosary, 1931

[land law]

Tannous v. Order of the Rosary

Land Court, Palestine
1931
Source: The Palestine Bulletin, 29 December 1931

 

REGISTRATION OF RELIGIOUS PROPERTY

LONG-STANDING DISPUTE SETTLED.

   An echo of the Turkish regime in Palestine when no property could be registered in the name of a corporate body was heard in the Land Court last week.

   When the Convent of the Rosary (near the American Consulate on Nanillah Road) was built many years ago although erected by the Sisters out of their own money, it could not be registered in their name and the title deed bore the name of the spiritual head of the Order, a purest named Yiussuf Tannous.  The brother of the priest, one Khalili Tannous, was the overseer in the service of the Sisters by whom he was paid a salary, and he was allowed to build a small house adjoining the convent for the use of himself and his family.  The Priest died in 1892 and Khalil Tannous in 1917.

   After the British Occupation the Sisters wished to register the property in the name of the Order but the Tannous heirs claimed that as it was registered in the name of their uncle, the Convent and the small house belonged to them and should be registered in their names.

   After a prolonged sitting and the gearing of several witnesses, the Land Court presided over by Mr. Justice Tute, dismissed the Tannous claim and ordered that the Convent and all buildings within the boundary wall should be registered in the name of the Order of the Rosary.  The Order was represented by Abcarius Bey.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School