Unfair Occupation Compensation Lawsuit Petition
……………. ( ) COURT OF FIRST INSTANCE
THE PLAINTIFF : A….. B….. (T.C.:………..)
ADDRESS
AGENT :Lawyer ……………
ADDRESS
DEFENDANT : C….. D…. (T.C.:………..)
ADDRESS
CASE VALUE :TL 1.000,00 (NOW)
D.SUBJECT :For the time being, it consists of our request for 1.000,00 TL ecrimisil (unfair occupation) compensation.
OUR EXPLANATIONS
1.The defendant party has submitted the enclosed letter dated Ankara …. Notary, …/…/2021 Date, ….. With the Contract of Promise of Sale of Immovable Property, which we have attached, Ankara Province Batıkent District … Island ….Parcel … No: ….Mahallesi ….Cad No: …/…., the defendant undertook to sell the immovable property to the plaintiff client for 300.000 TL and stated in the said undertaking that he would evacuate the immovable property on …/…/2021.
2. Pursuant to the aforementioned undertaking, the transfer of the immovable was made at Yenimahalle Land Registry Office on …/…/2021, but although 3 months have passed since the transfer, the date of evacuation and delivery of the immovable is fully and precisely specified in the real estate sales promise agreement, and the plaintiff client has been notified many times by the defendant, the defendant has not evacuated the immovable and is in the position of unfair occupier.
3. It is necessary to compensate the plaintiff client’s damages arising from this unfair occupation of the defendant party. For the reasons explained above, it has become necessary to file this lawsuit.
LEGAL REASONS: TMK, HMK, TBK, Supreme Court Decisions and all relevant legislation
EVIDENCE :
1-Title Records
2-Notary Notification
3-Court judgement
4-Witness
5-Requesting the rental prices of equivalent immovable properties from real estate agents, land registry offices and related institutions
6-Oath
7-Discovery
8-Informed Expert Review
9-Subpoena of electricity, water, natural gas, internet records
CONCLUSION AND DEMAND :
For all the reasons explained above and to be taken into consideration by your Court ex officio:
1-Collection of 1.000 TL unjust occupation compensation (ecrimisil) from the defendant with legal interest for now, without prejudice to our rights regarding the excess from the date of …/…/2021, which is definitively specified in the Real Estate Sales Promise Agreement, until the date of the lawsuit,
2- We request by proxy that all kinds of trial expenses, fees. Attorney fees be decided to be charged to the defendant party. 21.08.2021
Plaintiff’s Counsel
You can access our other article examples and petition examples by clicking here.