Summary:
which they claim were sent by the defendant from the plaintiffs to Muharram”.. I have moved home as of 01.05.2011, it makes 15 months out of 7.500 TL. Accordingly, the end of my rent payment process will be 30.8.2012. as of 01.09.2012, I have to pay rent to you, I would appreciate it if you send me an account number related to the payment …” according to the e-mail in the contents and the defendant’s father-in-law, who they claim to be.. Y.. signed by 27. it is based on the document entitled ” delivery minutes” dated 08.2013 on the fact that the housing belonging to the plaintiffs was delivered to the plaintiffs’ attorney. HMK . nin 199. materials, according to the facts in dispute that is convenient for the proof of written or printed text, notes, drawings, plans, sketches, Photography, Film, Video, or audio recording with electronic data and document data such as information carriers has been regarded as the.
T.C.
Supreme
- law office
Mainly No:2014/1637
Decision No:2014/11938
K. Date:5.11.2014
The decision of the local court on the cancellation of the appeal, the date and number of which were written above, was appealed by the plaintiffs within the time limit, but all the papers in the file were read and discussed and considered as necessary.
The case is related to the cancellation of the appeal against the execution initiated for the collection of the lease receivable and the request for compensation for the denial of execution. The court decided to dismiss the case, and the decision was appealed by the deputy plaintiffs.
In summary, in the petition filed by the deputy plaintiffs; G, where their client is located maliki..C./…../ …..No:…./…. As of 01.01.2011, they rented the real estate at Antalya to use as a residence for the defendant with an oral lease agreement for a monthly fee of 650.00 TL, the defendant-tenant was one of the plaintiffs on 30.06.2012.. S..in the e-mail sent to the e-mail address of the defendant that he moved into the house as of 01.05.2011, he asked for an account number to be sent to pay the 15-month rent of 7.500,00 TL, but did not pay the rent costs, about the defendant Antalya 15. The Executive Directorate.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 requested that the denial compensation be decided.In summary, the defendant decried the lawsuit by arguing that there was no lease relationship between his client and the plaintiffs, that there was no written lease agreement, and that his client had not written 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 dec to whether there is a rental relationship. 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 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.
According to the amount of annual rent claimed by the plaintiffs HMK No. 6100.nin 200.in accordance with its article, the contract must be proved by a written document. Plaintiff-the lessor could not submit a written document, which they claim was sent by the defendant from the plaintiffs to Muharram ”.. I have moved home as of 01.05.2011, it makes 15 months out of 7.500 TL. Accordingly, the end of my rent payment process will be 30.8.2012. as of 01.09.2012, I have to pay rent to you, I would appreciate it if you send me an account number related to the payment …” according to the e-mail in the contents and the defendant’s father-in-law, who they claim to be.. Y.. signed by 27. it is based on the document entitled ” delivery minutes” dated 08.2013 on the fact that the housing belonging to the plaintiffs was delivered to the plaintiffs’ attorney. HMK . nin 199. materials, according to the facts in dispute that is convenient for the proof of written or printed text, notes, drawings, plans, sketches, Photography, Film, Video, or audio recording with electronic data and document data such as information carriers has been regarded as the.202 of the same act. the article states that “In cases where proof is required by deed, the witness may be heard if the beginning of the evidence is found.The beginning of the evidence is a document issued or sent by a person or his representative who, although it is not sufficient to completely prove the alleged legal action, indicates the possibility of such a legal action and asserts it against him. it contains the provision “.
In this case, in accordance with these provisions specified by the court, focusing on whether the mail and delivery minutes based on the plaintiff can be considered the beginning of evidence, in the event that the circumstances arise, the plaintiff should be given the opportunity to prove his claim with a witness and make a decision according to the result, while it was not correct to make a decision in writing with incomplete research.
The provision must therefore be overturned
CONCLUSION:HMK No. 6100 with the adoption of appeals for the reasons described above.or temporary 3, which was added by Law No. 6217.according to the provisions of the article, HUMK.of 428.according to the article, it was decided unanimously on 05.11.2014 that the provision would be OVERTURNED and the appeal fee, which was received in advance upon request, would be returned to the appellants.
