Cancellation Of Objection And Eviction Case – Court Of Cassation Decisions 2
T.C. 6th Civil Chamber of the YARGITAY 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 RECEIVABLES – IT IS NECESSARY TO GIVE A DECISION REGARDING THE EVICTION OF THE TENANT AND THE DEFENDANT’S DEMANDS – THE DECISION TO GIVE A DECISION ONLY FOR THE LIFTING OF THE OBJECTION IS INAPPROPRIATE
SUMMARY: The lawsuit is related to the request for the removal of the objection to the enforcement proceeding initiated for the collection of the rent receivable and the evacuation of the lease. 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 judgment regarding the evacuation of the lease and the defendant’s demands. It is not correct to make a decision only for the removal of the objection, while the court should decide on the evacuation of the lease and the defendant’s demands by focusing on this issue.
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