BCC 417/2008

This case involved a request for unpaid rent and eviction. A key issue was whether rent was due as the property had been sold but the contract was not registered.

Background

A landlord filed a case against a tenant before the court requesting the tenant to pay him 1760 Dinars for the rent of a shop and vacate the premises.

The court ruled that the tenant should pay the amount and that he should vacate the shop.

The tenant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The tenant appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had insufficient evidence of causation and had a contradiction of material documentary evidence. It was said that the landlord did not deserve the rent because he had failed to prove that the rented shop came under his ownership.