Eviction order overturned, ruling in favor of land leaseholder

TDT | Manama

The Daily Tribune - www.newsofbahrain.com

In a significant legal victory, the High Appeals Court has overturned an eviction order against a land leaseholder, ruling in favour of the lessee and dismissing the case brought by the Ja’afari Endowments Administration.

The case stemmed from a dispute over unpaid rent on a piece of waqf land.

The Ja’afari Endowments Administration had filed a lawsuit seeking to evict the lessee and recover a sum of 12,600 dinars in unpaid rent, claiming that the lessee had failed to pay the monthly rent of BD150 from January 2017 to December 2023.

The lower court had ruled in favour of the Ja’afari Endowments Administration, ordering the eviction of the lessee and the payment of the outstanding rent.

However, the lessee appealed the decision, arguing that they had paid the rent for the entire year of 2023 and presented a receipt dated 6th July, 2023, as evidence. They also submitted evidence of payment for the renewal of the lease agreement.

The High Appeals Court, in its ruling, acknowledged that the original lease agreement had expired on 7th February, 2018, according to the provisions of Law No. 27 of 2014.

However, the court determined that the lessee’s continued occupancy of the land after the expiration of the original lease, coupled with the Ja’afari Endowments Administration’s passive response, constituted a new lease agreement commencing on 7th February, 2018.

This new lease agreement was deemed to have the same terms as the previous one but with a one-year duration, as per Article 511 of the Civil Code.