T.C.
Supreme
- law office
Main Number: 2014/1637
Decision No: 2014/11938
K. Date:5.11.2014
The decision on the cancellation of the above-mentioned objection, the date and number of which were given by the local court, was appealed by the plaintiffs within the time limit, and all the papers in the file were read, discussed and considered as necessary.
The case is related to the cancellation of the objection to the enforcement proceedings initiated for the collection of the rent receivable and the request for execution denial compensation. The court decided to dismiss the case, and the verdict was appealed by the plaintiffs’ attorney.
In summary, the plaintiffs’ attorney in the lawsuit petition; G., where his clients are maliki..C./…../ …..No:…./…. As of 01.01.2011, they rented the real estate in Antalya to the defendant with an oral lease agreement at a monthly cost of 650.00 TL for use as a residence, and the defendant-tenant was one of the plaintiffs on 30.06.2012.. S..in the e-mail sent to the defendant’s e-mail address, he said that he moved into the house as of 01.05.2011, he asked to send an account number to pay the 15 monthly rental price of 7.500.00 TL, but he did not pay the rental prices, about the defendant Antalya 15. Executive Mud.through the execution of the lease relationship initiated on 20.12.2012 s 2013/2759 numbered file with following the beginning of the unpaid until the date of monitoring, 24-month lease of money of $ 2,000 as accounts receivable after deducting the cost of collection of rent arrears renovations TL 13.600 that is desired,the defendant objected to follow to bet that the debt is not sent in the mail, you agree that the relationship of the lease and rent arrears that clearly exists, the defendant’s objection to the withdrawal of the appeal by specifying the unfair and abusive, the executive has requested that the denial compensation be decided.Decisively, the defendant’s attorney defended the dismissal of the case by arguing that there is no rental relationship between his client and the plaintiffs, there is no written rental agreement, his client did not write the e-mail specified in the lawsuit petition. Since the court could not prove the plaintiffs’ case, it was decided to dismiss the case with a bet.
There is a dispute between the parties as to whether there is a Decommissioning relationship or not. 6 Of the Turkish Civil Code. in accordance with the provision of the 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 must prove the lease relationship and the terms of the contract.
HMK No. 6100 according to the annual rental amount claimed by the plaintiffs.nin 200.in accordance with its article, the contract must be proved by a written document. The plaintiff-lessor failed to submit a written document, which they claim was sent by the defendant to Muharrem from the plaintiffs ”.. I moved into the house as of 01.05.2011, it makes 15 months out of 7.500 TL. Accordingly, the end of my rent paying process will be 30.8.2012. As of 01.09.2012, I need to pay you rent, I would be glad if you would send me an account number related to paying …” to the e-mail output in the content and to the defendant’s father-in-law, who they claim to be Ö.. Y.. signed by 27. it is based on the document titled ”delivery minutes” dated 08.2013 regarding the delivery of the housing belonging to the plaintiffs to the plaintiffs’ attorney. HMK . nin 199. according to the article, data such as written or printed text, promissory note, drawing, plan, sketch, photo, film, image or sound recording, as well as data in electronic media and similar information carriers that are suitable for proving the cases subject to dispute, are accepted as documents.202 Of the same law. article “In cases where proof is required by deed, the witness may be heard if the beginning of evidence is found.The beginning of the evidence is the document given or sent by the person or his representative who shows the possibility of the legal action in question and is brought forward against him, although it is not sufficient to fully prove the legal action subject to the claim.”it contains the judgment.
In this case, it was not correct to decide in writing with incomplete research, while focusing on whether the mail and delivery minutes on which the plaintiff is based can be accepted as the beginning of evidence in accordance with these provisions, the plaintiff should be given the opportunity to prove his claim with a witness in case of occurrence of circumstances, and to decide according to the result.
The provision must therefore be overturned
CONCLUSION: HMK No. 6100 with the acceptance of appeals for the reasons described above.or temporary 3, added by Law No. 6217.by observing the provision of the article HUMK.nin 428.it was unanimously decided on 05.11.2014 to overturn the provision in accordance with the article and to return the appeal fee received in advance to the appellants upon request.
