BCC 787/2017
This case involved the request for eviction and payment of unpaid rent. A key issue was whether the contract was a property sale contract or a lease contract.
Background
A claimant filed a case with the civil court against the defendant asking him to pay 139,479 Dinars, and 9% interest per annum, and vacate a property.
The defendant had rented a villa from the claimant with a monthly rent of 2,131 Dinars and had failed to pay the rent and instalments.
The court dismissed the case. The claimant appealed the ruling before the Court of Appeal which repealed it and answered the claimant on their requests.
The defendant appealed the ruling before the Court of Cassation because of an error in the application of the law as it had asked him about the amount required for the claimant.
The defendant said that the relationship between them involved selling, not tenancy, and the sums he had paid for the property, were part of the price set for the sale, not rent instalments.