Background

A landlord filed a case against two tenants before the plenary court requesting the dismissal of the tenancy agreement dated 21/02/1969 and vacation of a disputed shop. The landlord said that the tenants had failed to pay the rent.

The court ruled that the tenancy agreement should be dismissed and that the tenants should vacate the shop.

The tenants appealed the ruling before the court of appeal. The court dismissed the appealed ruling.

Decision

The first tenant appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had erred in the application of law and that the landlord had amended his requests and requested the first tenant declare bankruptcy. The first tenant said that the court ruled that the tenancy agreement and applied the rules of Article 222 of the Commercial Law although the declaration of bankruptcy did not entail the dismissal of the tenancy agreement.