Saba Tsitsikashvili, Gori
Resident of the village of Agara in Kareli district Liana Kaberashvili sued IDPs from Znauri district and requests the accommodation they have occupied. The IDPs from Znauri settled in Agara early in 1990s and occupied three rooms in the house of Liana Kaberashvili’s father.
Liana Kaberashvili said her parents built the house in 1961 through much effort and with their meager income. There are 4 rooms in the house.
The history of the family is the following. Because of the conflict in the family the housewife Ana Gagishvili migrated to Abkahzia. She settled in Achigvara where she even received two awards of the hero of labor. The father married second wife Podina Kharebova.
“After the death of my father, my step-mother sent my under-age siblings Lena, Avtandil and Lali to Kojori boarding-school. Then she divided the house; she lived in three rooms of the house and I lived only in one room. In 1991 the Georgian-Ossetian relationship worsened; certain armed formation was active in Agara which forced us out of Agara. Since my step-mother was ethnic Ossetian she resettled to Vladikavkaz, in the North Ossetia. I went to my mother in Abkhazia where Georgian-Abkhazian war had not started yet. I closed the house in Agara completely. After our departure, IDPs from Znauri broke into our house and Giorgi and Mediko Odikadzes still live there,” said Liana Kaberashvili.
The Human Rights Center found out that IDPs from Znauri district still live in the three rooms of the house which belonged to the step-mother of Liana Kaberashvili. In 1992, the war started in Abkhazia too and Liana Kaberashvili fled from there together with her mother. “We ran through nut-garden till Zugdidi; Abkhazian people forced us out saying we were Georgian. In Agara, we found IDPs from Znauri in our house. They live in three rooms; while I live only in one. My step-mother died in Vladikavkaz in 1998.”
Liana Kaberashvili said since the house was built by her father, and her step-mother died, she is the legal heir of the house.
In 2005, Liana Kaberashvili appealed to Kareli district court and requested eviction of the IDPs from Znauri from her father’s house. The Judge Otar Mamestsarashvili did not satisfy her appeal because Liana Kaberashvili was not considered to be the heir of her step-mother. The children of the step-mother had sold the three rooms to the IDPs from Znauri. Liana Kaberashvili denies the fact because her step-mother had not sold anything; she had to leave the house because of her ethnicity during the Georgian-Ossetian conflict.
An extract from the court judgment: “The defendant side (IDPs from Znauri) represented the notification from Kareli district registration agency of the National Public Registry, which states that the owners of the house are late Podina Kaberashvili (step-mother) and Liana Kaberashvili, the suitor. Thus, according to the document, Liana Kaberashvili has right to argue about the room # 4 but she does not have right on the ¾ of the house. The court is not entitled to find out how legally the defendant side owns the rooms 1, 2 and 3. The defendants cannot be evicted from the house only because they live there without registration,” stated the judgment.
The judgment is in force. The parties did not appeal against it and consequently, the IDPs from Znauri Giorgi and Mediko Odikadzes still use the three rooms in the house built by the Kaberashvilis in 1961.
After consulting with lawyers, Kaberashvilis got sure that only the step-mother can evict the IDPs from Znauri. Since Podina Kaberashvili died, her children can appeal against the IDPs. There is only one way out, the entrusted people of Podina Kaberashvili’s children can start argument to prove that the IDPs from Znauri have occupied the three rooms in Kaberashvilis’ house illegally.
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