Petition For Unjustified Occupation
…….TO THE HONORABLE COURT
…….
PLAINTIFF :…….
ATTORNEYS :…….
DEFENDANT:…….
SUBJECT: PREVENTION OF UNLAWFUL POSSESSION AND CLAIM FOR EXCESS AMOUNT, WITHOUT PREJUDICE TO OUR RIGHT TO CLAIM AND FILE A LAWSUIT ……. REGARDING OUR CLAIM FOR COMPENSATION.
EXPLANATIONS :1-Our client ……. purchased the immovable property located at ……. address, owned by the defendant ……., from the defendant.
2-When selling the property he owned and occupied to our client, the defendant declared that he would vacate the house, and our client purchased the apartment on that basis. However, after selling the house to our client, the defendant did not vacate the house and continued to live there. Despite all warnings from our client, he continues to live there and does not pay any rent in return.
3-Our client has suffered damages due to the defendant’s failure to vacate the property in question. Our client has not allowed the defendant to reside in the apartment he purchased. As a result, our client is unable to use the apartment he purchased or benefit from its fruits.
4-The defendant is in unlawful possession, and it has become necessary to file this lawsuit to prevent his unjust interference.
LEGAL GROUNDS: Turkish Civil Code, Code of Civil Procedure, and Related Legislation
EVIDENCE: Title Deed, Witnesses, Inspection and Expert Examination, Legal and Discretionary Other Evidence, etc.
RESPONSE PERIOD: 10 days
CONCLUSION: For the reasons stated, we request that the defendant’s unjust interference be prevented and that, without prejudice to our right to claim and sue for any excess, the unjust use of the immovable property be compensated for from the date of interference with the legal interest of the ecrimisil, together with court costs to be borne by the defendant, and that the immovable property be returned to us. along with statutory interest on the damages, the imposition of the litigation costs on the defendant, and the award of the opposing party’s attorney’s fees to us as attorneys, in accordance with the last paragraph of Article 164 of the Attorney Law No. 1136, as amended by Law No. 4667.
PLAINTIFF’S ATTORNEY