Cancellation of the Appeal and Eviction Case – Decisions of the Court of Cassation
TC 6. Civil Chamber of the COURT OF CASSATION Basis: 2014/4722 Decision: 2014/13943 Decision Date: 15.12.2014
EVICTION CANCELLATION AND EVICTION REQUEST – THE TENANT DECLARED THAT HE DID NOT OWE THE PLAINTIFF. BUT COULD NOT PROVE HIS DEFENSE WITH WRITTEN EVIDENCE. THE TENANT ALSO RELIED ON SWORN EVIDENCE – DECISION REVERSAL
SUMMARY:
The plaintiff creditor’s attorney initiated enforcement proceedings on 17.05.2013 based on the lease agreement dated 01.12.2010 and the annual rental price of which expired in August 2012 was … euros. in 2013, with the enforcement proceedings initiated on 17.05.2013, he initiated enforcement proceedings for the collection of a total rental fee of … TL in exchange for a one-year and three-month rental fee. The court decided that the annual rental fee, which is … Euro, is TL according to the effective euro purchase rate of the central bank on. The tracking date. Although it has been decided to cancel the defendant tenant’s objection in TL,
the defendant tenant stated in his defense and at other stages of the trial that he had agreed with the plaintiff creditor on the annual rent of TL, that he had paid this price to the plaintiff creditor, that he did not owe the plaintiff any money, but that he could not prove his defense with written evidence. However, the defendant tenant has clearly relied on the evidence of Decrees among the proofs. In this case, it is not correct to make a decision with incomplete research, the defendant tenant should be reminded of the annual rent and the right to swear pay, and the decision should be made according to the result to be formed. The judgment must therefore be overturned.
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