Background

A landlord filed a case against a tenant and requested the court to order the tenant to vacate a property. The landlord stated the tenant had failed to pay the rent when it fell due.

The court rejected the case.

The landlord appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled that the tenant should vacate the real estate.

Decision

The tenant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation because the case documents had revealed that he had paid the rent before the elementary court on 23/11/1999 and the court had rejected the landlord's case at the time.

The court stated this argument was valid because the tenant had maintained before the court that he had already paid the rent but the court had ignored this defence.

The court repealed the ruling.