Rent suit

Subject
A rent suit
It is on the day corresponding to / / / 20AD
According to a request first: Mr. / ........................ and the resident ................. .......................- Cairo . And his chosen place has been chosen by the institution "Dar Al Qanoon Group for Advocacy, Arbitration and Training, represented by Professors / Rami Saeed Tawfiq and his fame (Rami Al-Sejini) - Tamer Adel Mahmoud Al-Sharshaby (and his fame is Tamer Al-Sharshaby) - Hani Adel Mahmoud Al-Sharshaby (known as Hani Al-Sharshaby) - Muhammad Ali Hassan - Ibrahim Sayed Nair and his fame (Ibrahim Nair) - Mahmoud Ali Radwan and his fame (Mahmoud Al Batouri) - Ibrahim Abdel Rahman Al Feki - Wadyan Numan Mustafa - Muhammad Khaled Mahmoud - Mahmoud Abdel Wahab Abdel Halim Al Mahamoun, located in 3 A Hob El Din Street - Al Sefarat Neighborhood - Nasr City - Cairo.
I am a District Court record that has moved and announced: -
Mr. / ............................................... and Resident .................................................. ........................ Cairo.
Addressed with: -
And I announced it the following
Under contract ................................................ The advertiser sold him to the student what is ............................................ ............ The total area of ​​....... m 2 (square meters) under the deficit and the increase, including the parts intended for common use.
The clause ................. of the sales contract indicated that the total price of (sold) is an amount ......... EGP (only ....... ...................... Egyptian pounds, only) and the same clause referred to the method of paying this amount (.............. Premiums)
Whereas the student took the initiative to pay the total price of (sold) according to the due installments and their due dates and according to (the document proving the payment of the installments) without delaying the payment of any installment and he was not entitled to any delay penalties throughout the period of payment until its completion
As stipulated in Clause (.......) of the sales contract “that ..................................... .................................................. ........................................
And where this was the case, and the student’s initiative was to pay the total price of the unit on its due dates without delay; And he remains in his possession the amount of the maintenance deposit, which is supposed to be paid at the time of receiving the unit, because it is not equal for the buyer to pay maintenance for a unit that the advertiser did not deliver until the date of the current case filing. In spite of that, the student tried in all friendly ways to urge the advertiser to implement all his contractual obligations and pay the rent to the student minus the maintenance deposit, but the matter did not move the advertiser to him.
Which prompted the student to send warning No. ........ dated 00/00/00 to the advertiser, according to which the student warned the latter of the necessity to adhere to the following: -
1- Fast delivery of the unit with the requester's commitment to pay the maintenance deposit at the time of the actual unit delivery.
2- The payment of the unit’s proceeds is subject to a period of ... a month, and the new proceeds until the completion of payment, which is estimated according to the marketing value of the unit during the period of ..... months.
Whereas, this warning was answered by the advertiser according to an official warning by a report, according to which he disavowed his contractual obligations under the slogan of paying maintenance expenses and the total price of the unit.
And this is the matter that led the student to issue another official warning at the hands of minutes number .... on ... / 0 / ... to respond to what came with a warning announced to him and who falsely claimed that the student had not paid the full price of (the sale) while The applicant paid the full price without delay and within its due dates, according to which the plaintiffs warned the defendant company of the following: -
1- The speed of delivery of the unit subject of this warning to the warning (student).
2- Paying the proceeds of (sales) that are the subject of this warning to the warning, for a period of ..... a month, and the proceeds from the proceeds until the completion of the payment, which is estimated at a value. 0 ... EGP (......................... Egyptian pounds) X ..... a month = by ....... ......... The total amount of due proceeds and what is new, provided that the debtor deducts the amount of the maintenance deposit owed on the (sold) subject of this warning, and that will be the release of the liability of the warrants from there is an obligation that occupies their liability on that unit.
3- Implementation of what was included in paragraphs 1; 2 high within a maximum period of 15 days from the date of this warning; In the event that the warning is not initiated by the execution during that period, the warning is given the right to resort to the courts while preserving all their other rights of all kinds.
Whereas, this warning did not move a dwelling with the proclaimed person, which led the student to file his case in order to adjudicate for him the requests that will be received by the conclusion of the present case sheet, based on the applicant’s eligibility to receive unit proceeds according to clause ....... From the contract, the document of the current lawsuit with the right to claim the non-execution of the maintenance deposit.
And based on the following:
In accordance with the provisions of the law, which stipulates in Article 161 of the Civil Code that “in contracts binding on both sides, if the corresponding obligations are due to be fulfilled, each of the contracting parties may refrain from implementing his obligation if the other contracting party does not implement what he committed himself to.”
In this regard, the Court of Cassation ruled that: “Article 161 of the Civil Code entitles the contractor in civil contracts that are binding on both sides a right to refrain from implementing his obligation if the other contracting party does not implement what he is obligated to do. This right - which I have termed the payment of non-execution - It is nothing but the right to imprisonment within the scope of contracts binding on both sides.
(    By relegating the foregoing to the facts of the present case, it becomes clear to the esteemed court committee that the advertiser has not fulfilled his contractual obligations mentioned in clause ............ and ........... without any room for doubt. .... From the contract, the support of the current case is as follows:
1- Delay by the advertiser to hand over the unit on the date agreed upon according to clause ............ of the contract, documenting the current case, starting from ...... / ...... / ... ................ until the date of the current lawsuit.
2- The declared refusal to pay the usufruct fee stipulated in clause ............ of the contract, the document of the current case, starting from the date of delivery agreed upon in me ...... / ....... / ................. until the date of the current lawsuit.
3- There is no document under the advertiser's hand that indicates his implementation of any of the obligations mentioned in paragraphs 1 and 2 mentioned above.
4- There is no document under the advertiser's hand stating that the applicant has not paid the total price of (sold) or is late in payment.
5- There is no document under the advertiser's hand stating his claim to pay the maintenance deposit and that the applicant refused or refused to pay.
In return, the applicant fulfilled all his contractual obligations with the exception of the maintenance deposit, which is supposed to be paid at the time the requester receives the (sold) subject matter of the current lawsuit, which did not happen until the date of the current lawsuit filing, and despite this, the applicant presented the amount of the maintenance deposit occupied by him. A deduction from his dues from the proceeds of the party declared to him according to the official warning No. ............ on //
Whereas, the applicant has been severely damaged as a result of the declarer's failure to pay the proceeds for (what is sold) and that is due starting from the date of the judgmental delivery of the unit until the date of filing this case.
Whereas the Civil Code stipulated in Article 804 that “the owner of a thing has the right to all its fruits, products and appendices, unless there is a text or agreement to the contrary.” It is stipulated in Article 805 of the same law that no one may be deprived of his property except in the cases determined by the law "
In that regard, the Court of Cassation ruled
What is rent is compensation to the owner of the usurped property in exchange for what he deprived of its fruits. Its estimation. From the authority of the subject court. Permissibility to estimate the rent in proportion to the rent of the eye.
((Appeal No. 339 of the year 39 Q - session 10/15/1974 Q25, p. 1146))

The explanatory memorandum for the preliminary draft civil law defined the fruits as: “All that a thing produces of renewable yields, and the yield may be natural, such as crops that come out of the land on their own, or industrial, such as the crop that is the work of nature and man, or civil, such as the rent of land and housing.”
The Court of Cassation also ruled, "The rent is considered as compensation to the owner of the property in exchange for what his fruits were deprived and the estimation of this rent when the reasons for it are established. There is no text in the law obliging to follow certain standards in this regard as it is from the authority of the subject judge and there is no discrediting about it if it is the amount of compensation due to the owner of the land On the denial of his benefit as long as the judge has deemed that the fee is a fair and reparing compensation for the damage arising from this deprivation.
((Appealing 10/15/1974 A Collection of Civil Judgments of Cassation S20 p. 1146 q19 192))

According to what was previously presented and relegated to the facts of the case, and for the better reasons that the esteemed court panel sees, the applicant institutes this case before the person who is notified to him in order to adjudicate to him the requests mentioned at the end of the case sheet.

Based on it
I, the aforementioned report, moved on the above date to where the advertiser resided to him and handed him a copy of this newspaper for knowledge of what was stated in it and what it contained and legally enforceable and charged him to appear before a court ................. .......... Elementary and headquartered ...................... - Ramses Extension - Cairo. And that is at nine o'clock in the morning on the morning of the corresponding / / ............ in front of the department ()
This is in order for the advertiser to hear the judgment against him as follows: -
To pay the requester the value of the net proceeds due for (the sale) subject of the sale contract and dated at ................................. According to the provisions of the clause ............ and ........... of the aforementioned contract, starting from the date of abstinence and the entitlement obtained in ......... ................ until the date of filing this lawsuit by ...... a Gregorian month with a total amount of ................ 0 (......... .............................. pound) This is in addition to the proceeds that arise during the deliberation of the lawsuit and up to the date of issuance of the judgment, minus a value Maintenance deposit; The defendant company is obligated to pay the legal fees and attorney fees, while preserving all other rights of the plaintiffs of all kinds.
And for the sake of knowledge ,,, as the student’s request and under their responsibility Appeal No. 350 of Judicial Year 30 - Session 11/11/1965 Technical Office Group - Year 16 - P. 1018