Cancellation of the Appeal and Eviction Case – Decisions of the Court of Cassation 2
TC 6. Civil Chamber COURT OF CASSATION Main Article: 2014/6721 Decision: 2014/9075 Decision Date: 07.07.2014
REMOVAL OF THE OBJECTION AND EVICTION REQUESTS – PROCEDURES INITIATED FOR THE COLLECTION OF RENT RECEIVABLES – IT IS NECESSARY TO MAKE A DECISION ON THE EVICTION OF THE TENANT AND THE DEFENDANT’S REQUESTS – IT IS NOT APPROPRIATE TO MAKE A DECISION ONLY ON THE REMOVAL OF THE OBJECTION
SUMMARY: The case relates to the request for the cancellation of the objection to the enforcement proceedings initiated for the collection of the rent receivable and the eviction of the lease agreement. The defendant defended the dismissal of the case with the reply petition dated 22.11.2012 and also requested the cancellation of the pay order and acceptance of the claim for receivables. It was observed that the court did not make a positive or negative provision regarding the eviction of the lease agreement and the defendant’s demands. While the court should focus on this issue and decide on the eviction of the lease agreement and the defendant’s demands, it is not correct to decide only on the removal of the objection.
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