Background

A landlord filed a case against a tenant before the court of first instance requesting the tenant vacate a disputed shop. The landlord said that the original tenant had died and the tenant had illegally seized the shop.

The tenant claimed that the tenancy agreement dated on 01/04/1971 was fabricated.

The court dismissed the case made by the landlord and ruled the tenancy agreement dated on 01/04/1971 was fabricated.

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

Decision

The landlord 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 violated the right of defence because he maintained before the court that the signature of the tenant's brother on the tenancy agreement was valid and requested the court to appoint an expert in order to prove his claim but the court ignored his defence.