The defendant rented a unit from the plaintiff, for a monthly fee of 1274 dinars, in addition to a monthly service fee of 191 dinars. The defendant failed to pay the rent from April 2018 to January 2019, which prompted the plaintiff to resort to the judiciary, as the court ruled in her to vacate and pay the rent until January 2019, but she did not vacate the property and did not hand over the keys until July 3, 2019 according to the key handover minutes. Signed by both the representative of the defendant and the plaintiff, which left her with the claim amount for the period from February to July 2019, an amount of 7644 dinars, as well as service fees for the same period 1164 dinars, in addition to 8803 dinars, which prompted the plaintiff to file a lawsuit against her with the aforementioned requests .
In support of that, she submitted photocopies of each of the lease contract, appended to it, in which it is established that the rental relationship between the litigants is established and evidence of its registration, and the decision issued in the case by the Second Rental Dispute Settlement Committee on 03/04/2019, in which the judiciary established the eviction of the defendant from the eye of the litigation and obligated her to pay the rent. arrears until January 2019, and the judgment issued in the appeal by the First Civil Court of Appeal on 10/29/2019, which annulled the appealed decision, in the case of refusing the request to oblige the respondent to pay for electricity and water consumption, and the judiciary again to oblige it to pay it to the appellant, and to hand over The rental unit from the defendant to the plaintiff on 07/31/2019, and a notice sent by the plaintiff’s agent to the defendant urging her to pay the claim amount dated 11/30/2022, and the extract of the defendant’s commercial register is recorded in it. The case was discussed in the sessions of this court as indicated in its records, as not all the plaintiff and the defendant attended. Since the plaintiff is the one assigned to prove his claim, the trial court is not obligated to assign the opponent to provide evidence for his defense or to draw his attention to the requirements of this defense and it is sufficient for it to evaluate its judgment in accordance with the documents and evidence presented. And if that was the case, and the plaintiff did not present the invoices in which it is established that the defendant had failed to pay those fees, so that the similar request would be worthy of rejection, and the court would suffice to present it and respond to it with the reasons without the operative part, and since it is about the expenses including attorney’s fees, the court obliges the defendant to pay them accordingly pursuant to Article 197 of the pleadings law.
For this reason, the court ruled obliging the defendant to pay the plaintiff the amount of 8,790 dinars, including the appropriate expenses and the amount of twenty dinars for attorney’s fees, and other requests were rejected. The appropriate lawsuit expenses amounting to 276,078 dinars are collected from the defendant and paid to the plaintiff. The executive formula fee is 10 dinars, to be collected from the defendant and paid to the plaintiff.
In the appeal ruling, the court decided to accept the appeal in form and in the matter by rejecting it and upholding the appealed ruling, and obliged the appellant to pay the expenses and an amount of 30 dinars for attorney’s fees.
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