T.C. 6th Civil Chamber of the Court of Cassation Main: 2014/4722 Decision: 2014/13943 Date of Decision: 15.12.2014
CANCELLATION OF EVICTION AND EVICTION REQUEST – THE TENANT STATED THAT HE DID NOT OWE ANY DEBT TO THE PLAINTIFF BUT COULD NOT PROVE HIS DEFENCE WITH WRITTEN EVIDENCE – THE TENANT ALSO RELIED ON THE EVIDENCE OF OATH – REVERSAL OF THE JUDGEMENT
SUMMARY: The plaintiff creditor’s attorney started an enforcement proceeding on 17.05.2013 based on the lease agreement dated 01.12.2010 and ended in August 2012 with an annual rent of … Euro. 2013, with the enforcement proceeding initiated on 17.05.2013, he initiated enforcement proceedings for a total of … TL rent for one year and three months of rent, and the court ruled that the annual rent of … Euro is … according to the effective euro buying price of the central bank on the date of the follow-up … Although it was decided to cancel the objection of the defendant tenant as TL; the defendant tenant stated in his defence and at other stages of the proceedings that they agreed with the plaintiff creditor for the annual rent of … TL, that he paid this amount to the plaintiff creditor, that he did not owe any debt to the plaintiff, but he could not prove his defence with written evidence. However, the defendant tenant clearly relied on oath evidence among the evidence. In this case, it is not correct to make a decision with incomplete research, while the defendant tenant should be reminded of his right to swear on the annual rent and payment and to decide according to the result to be formed. The judgement should be reversed for this reason.
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