T.C. 6th Civil Chamber of the Court of Cassation Main: 2014/6721 Decision: 2014/9075 Date of Decision: 07.07.2014
REQUEST FOR LIFTING THE OBJECTION AND EVICTION – PROCEEDINGS INITIATED FOR THE COLLECTION OF RENT RECEIVABLE – THE NECESSITY TO DECIDE ON THE EVICTION OF THE TENANT AND THE DEFENDANT’S REQUESTS – THE DECISION ONLY FOR THE LIFTING OF THE OBJECTION IS INAPPROPRIATE
SUMMARY: The lawsuit is related. To the request for the cancellation of the objection. To the enforcement proceeding initiated for the collection of the rent receivable and the evacuation of the leased property. The defendant defended the rejection of the lawsuit. With the reply petition dated 22.11.2012 and at the same time requested. The cancellation of the payment order and the acceptance of the receivable claim. It has been observed. That the court has not made a positive or negative judgement regarding. The evacuation of the lease and the defendant’s demands. It is not correct to make a decision only for the cancellation of the objection. While the court should also decide on the evacuation. Of the lease and the demands of the defendant by focusing on this issue.
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