The Decision of the Supreme Court
TC
judgment
8. GOVERNMENT DEPARTMENT
E.2017/392
K.2017/818
T.30.1.2017
CASE:
At the end of the trial in the case described above and between the parties. The Court decided to accept the case and the file was examined. And discussed by the Department upon the objection of the Decider by the defendant.
DECISION :
Upon the objection of the defendant tenant to the eviction decision made by the plaintiff tenant due to the enforcement proceedings initiated by the plaintiff tenant against the defendant tenant based on the plaintiff tenant’s eviction commitment, the plaintiff applied to the Enforcement Court and requested that the eviction be lifted. Appeal, continuation of the trial and eviction. The court decided to lift the objection and evict the rented property; . The decision has been appealed by the defendant.
with the enforcement proceedings initiated on 08.05.2015, the plaintiff requested the eviction of the real estate based on the usual letter dated 08.06.2013 and 01.05.2015. The defendant tenant, in his objection during the period, stated that the lease agreement was actually concluded on the same day as the eviction commitment, but the date of the lease agreement was shown as the “eviction commitment” and explicitly objected to the date on the eviction commitment. an earlier date with pressure to make the evacuation commitment valid.
The eviction commitment, which forms the basis of the enforcement proceedings, has not yet been issued and certified by a notary public. in accordance with Article 275 of the BEC and CBK dated 04.12.1957 and numbered 11/26 the creditor cannot request the removal of the objection based on the obligation of release whose date was rejected, even if his signature is certified, and the creditor requires a dispute adjudication. In the concrete case, the defendant tenant objected to the date of arrangement, taking into account that the dispute requires a trial and while the request to remove the objection should be in writing, it is not correct to decide to remove the objection in writing and evict the tenant. being rejected.
For this reason, the decision must be overturned.
CONCLUSION :
For the reasons explained above, it was decided unanimously on 30.01.2017 to overturn the decision. The parties may request correction of the decision within 10 days from. Notification of decision of the Chamber of Court of Cassation in accordance with article. A 366/3 of the EBL and, if requested, advance fee must be refunded to appellant.
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