Court orders reversion of property to its owners

A court has ordered the reversion of a property in Gozo from the government to its owners on the basis that it had sustained structural damage and had been sublet to Maltapost plc without the owners' consent.

However, it found that the heirs' action for damages was barred by lapse of time.

The heirs of the late Prof Felice Cremona filed their action for eviction in the First Hall of the Civil Court against the Commissioner of Lands, the Attorney General and Maltapost plc.

They told Mr Justice Joseph Azzopardi that Prof Cremona, who had acted also on behalf of his siblings, had leased premises in Republic Street, Victoria, to the government in 1935.

The premises were originally utilised as a post office but from 1978 onwards they were used as the notarial archives.

Structural damage was caused to the premises as a result of the weight of documents.

The heirs added that the government had sublet the premises to Maltapost without their consent. They therefore requested the court to order the government and Maltapost to vacate the premises and to make good the damages.

In his judgement, Mr Justice Azzopardi said that there was no doubt that Maltapost occupied the premises. They had been passed onto Maltapost as a result of a legal notice in 1998 when the Postal Department's role had been assumed by Maltapost.

However, Maltapost had not produced any evidence that it had been recognised as a tenant by the heirs, nor that it had paid any rent.