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German court halts eviction of 76-year-old smoker A German court ruled Wednesday that a 76-year-old smoker, facing eviction over the smoke and stench of full ashtrays emanating from his home, can stay in his apartment for now.A lower court had sided in June with the flat's owner, who terminated the lease of pensioner Friedhelm Adolfs for the apartment that had been his home for more than four decades in the western city of Duesseldorf.But federal judges overturned the ruling and sent the case back, complaining of flaws in the trial and urging an out-of-court settlement.The Federal Court of Justice in Karlsruhe said it was a mystery how the district tribunal had reached its judgement without a site visit, questioning witnesses or ordering air pollution readings.The owner had decided in 2013 to evict the widower for a "serious violation" of rental rules, claiming he had not sufficiently aired his apartment or emptied his ashtrays often enough.Adolfs, the building's former caretaker, has said he lights up about 15 cigarettes a day