Supreme Court of the Republic of Turkey
16. Law Office
Basis: 2016/ 16646
Verdict: 2020 / 234
Decision Date: 10.02.2020
JUDICIARY DECISION
COURT: CIVIL COURT OF FIRST INSTANCE
It is requested that the judgment rendered as a result of the lawsuit between the parties be examined by the Court of Cassation; it was understood that the appeal request was in time, the examination report and the documents in the file were read, NEEDED:
As a result of the cadastre, the immovables with parcel numbers of …, … in the study area of the … District … Village of 5,613,07 and 22,170,00 square meters, respectively,
gaining >
due to the statute of limitations, they were identified and registered as a field … and on behalf of their commons. The Legal Entity of the Plaintiff … filed a lawsuit requesting the cancellation of the title deed and the registration in its name, based on the claim that the contested immovables are pasture in the nature of public common property. During the trial, the intervening treasury, claiming that the contested immovables are from the places under the jurisdiction and disposal of the state, participated in the lawsuit with the request for the cancellation of the title deed registration and the registration in its name as raw land. At the end of the trial by the court, it was decided to accept the case, to cancel the title deed records of the immovables no. 101, parcel no. 170 and parcel 471, to register them with the special registry as a pasture in the name of the Treasury, and to reject the case of the main intervening treasury; The verdict was appealed by the defendants’ attorneys.
According to the content of the file, the evidence on which the decision is based and the legally compelling reasons, and the lack of inaccuracy in the judgment of the evidence, the other appeals of the defendants’ attorneys are not appropriate. However, while it should be decided to limit the immovables with the content of block no. 101, parcel no. 170 and parcel 471 as pasture and to be registered in the special registry, the decision to “register it to the private registry with the quality of pasture in the name of the Treasury” is inaccurate and necessitates breaking it; Since rectification of this matter does not require a retrial, paragraph A-1 of the judgment clause. The words “to be registered in the private registry with the quality of pasture in the name of the Treasury” after the word “with the cancellation” in the paragraph are removed from the provision and the words “restricted as pasture and written in the private registry” are added and the provision is CORRECTED and APPROVED as of the notification of the decision, when the legal conditions are met. It was decided unanimously on 10.02.2020, with the possibility of rectification within the same day.
