Facts
The A.-G. für Wohnungsbau, Zurich, terminated the lease agreement with the tenant Josef Fochesato on 11 December 1958, observing the contractually agreed notice period of 3 months, effective at the end of March 1959. The tenant confirmed receipt of the termination, but at the same time declared that he did not accept it. Thereupon, the landlord filed an application with the President of the Cantonal Court of Zug on 27 February 1959 for an order to the tenant to vacate the apartment by 1 April 1959.
The President of the Cantonal Court of Zug dismissed the application on 7 March 1959, as the landlord had failed to have the tenant's legal objection to the termination removed by the judge in accordance with § 147 of the Zug Code of Civil Procedure. The landlord's appeal against this decision was dismissed by the Judicial Commission of the Canton of Zug by judgment of 6 April 1959.
In the meantime, the tenant had vacated the apartment on 1 April 1959.
Considerations
The Federal Court concluded that the landlord no longer had a legitimate interest in the revocation of the contested decision, as the tenant had already vacated the apartment and the original eviction request had thus become moot. The Federal Court also considered it inadmissible to determine that the eviction request had been justified at the…