ECC 4622/2001

This case involved a request to evict a tenant who had built on land contrary to the tenancy agreement. This violation of the contract meant the landlord was entitled to compensation and the land to be returned to its former status.

Background

The Bureau of Islamic Awqaf filed a case against a defendant before the court requesting the vacation of the defendant from some disputed land. The bureau said that the defendant had violated the conditions of the contract and built buildings on the land.

The court dismissed the case.

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

Decision

The bureau appealed the ruling before the court of cassation and said in its grounds of appeal that the ruling had erred in the application of law and that the contract agreed between the two parties stipulated that the tenant should not change the status of the rented property or the landlord could dismiss the contract and claim compensation. The bureau said that the defendant had built buildings on the land in violation of the agreed contract.