Summary:
as the plaintiffs claim, they were sent by the defendant to the month of Muharram”.. i have moved to my house as of 01.05.2011, it accounts for 15 months of 7.500 TL. Accordingly, the end of my rent paying process will be 30.8.2012. paid paid rent to you as of 01.09.2012, I would appreciate it if you send me an account number related to the payment …”according to the email in the content and the defendant’s father-in-law they claim..
Y.. signed by 27. it relates to the delivery of the housing belonging to the plaintiffs to the plaintiff’s attorney based on the document entitled “delivery minutes” dated 08.2013. HMK. nin 199. According to the cases subject to the dispute, written or printed texts that are suitable for proof have been accepted as carriers of information such as notes, drawings, plans, sketches, photographs, films, video or audio recordings, as well as electronic data and document data.
TC
Supreme
law office
Original No.: 2014/1637
Decision No:2014/11938
K. Date:5.11.2014
The decision of the local court, the date and number of which are written above, was appealed by the plaintiffs within the time limit, but all the documents in the file were read and discussed, and what was deemed necessary was taken into account.
The case relates to the cancellation of the appeal against the enforcement proceedings initiated for the collection of the rent receivable and the claim for compensation due to the refusal of the enforcement proceedings.
It was decided to dismiss the case by the court, and the decision was appealed by the plaintiff’s attorneys.
In summary, in the lawsuit petition filed by the plaintiff’s attorneys; the location of his client is maliki..C./…../ …..No:…./…. 01.01.2011 as of date, they have rented the real estate located in Antalya for use for residence purposes on behalf of the defendant with an oral lease agreement for a monthly fee of 650.00 TL, and the defendant-tenant is one of the plaintiffs and became one of the plaintiffs on 30.06.2012. S. paid paid rent In the e-mail sent by the defendant to the e-mail address, the house moved as of 01.05.2011, 15 monthly 7.500,00 TL in order to pay the account number requested to be sent, but did not pay the rental fees, the defendant Antalya 15. The
Enforcement Directorate has not been paid since the start of the follow-up with the performance of the lease relationship initiated on 20.12.2012, the 24-month lease fee of TL 2,000 has been deducted from the receivables, the rental debt repair collection cost has been requested TL 13,600, the defendant objected to the claim that the debt was not sent by mail, admitted that the relationship between the lease agreement and the rental debt clearly exists, ruled that the defendant’s appeal was unfair and abusive, and demanded a decision on compensation for Decertification of the execution.
In summary, the defendant Decried the case by arguing that there was no rental relationship between his client and the plaintiffs, there was no written rental agreement, and his client did not write the e-mail specified in the lawsuit petition. The court decided to dismiss the case with a bet because the plaintiffs’ claims could not be proven.
There is a dispute between the parties as to whether there is a rental relationship or not. Dec. 6 Of the Turkish Civil Code. in accordance with the provision of this article, each of the parties is obliged to prove the existence of the facts on which it bases its right, unless there is a provision to the contrary in the law. According to this provision, the lessor has to prove the rental relationship and the terms of the contract.
The annual rental fee requested by the plaintiffs is 6100 of the HMK. article 200. in accordance with the article, it must be proved by a written document. The plaintiff-lessor failed to submit the written document that they claimed was sent by the defendant to Muharram by the plaintiffs”.. as of 01.05.2011, I moved house, it accounts for 15 months of 7.500 TL. According to this, the end of my rent paying process will be 30.8.2012. paid paid rent to you as of 01.09.2012, I would be glad if you send me an account number related to the payment…”according to the e-mail and the father-in-law of the defendant they claim..
Y.. signed by 27. it is based on the document entitled “delivery minutes” dated 08.2013 regarding the delivery of the plaintiff’s residence to the plaintiff’s attorney. HMK. nin 199. Written or printed articles, notes, pictures, plans, sketches, photographs, films, video or audio recordings that are suitable for proof according to the cases subject to dispute, as well as document-like data and information carriers in electronic media, are also subject to Section 202 of the same law. in the article “In cases where the proof is requested by deed, the witness may be heard if the beginning of the evidence is found. The beginning of the evidence is the document organized or sent by the person or his representative who, although it is not sufficient to fully prove the alleged legal action, shows the possibility of such a legal action and asserts it against him.” the judgment is contained.
In this case, according to these provisions determined by the court, focusing on whether the mail and delivery minutes based on the plaintiff can be considered as the beginning of evidence, in case of conditions, the plaintiff should be given the opportunity to prove his claim with a witness and make a decision according to the result, it was not found correct to make a written decision with incomplete research. This
therefore, the judgment must be overturned.
CONCLUSION: Temporary 3 added by the CCP No. 6100 or Law No. 6217 with the acceptance of the appeal request for the reasons explained above. article of, HUMK’s, 428. in accordance with the provision of the article, it was decided unanimously on 05.11.2014 that the judgment should be OVERTURNED and the appeal fee received in advance should be returned to the appellants upon request.