15 Apr Occupation Of Treasure Land
T.C SUPREME COURT 16.Legal Department Basis: 2016/ 16646 Decision: 2020 / 234 Decision Date: 10.02.22020
THE DECISION OF THE SUPREME COURT
COURT :COURT OF FIRST INSTANCE
The court of Cassation asked to review the decision given as a result of the case between the parties; it was understood that the appeal request was in its duration, the examination report and the documents in the file were read, the need was discussed:
As a result of the cadastral survey, … District … village located in the Working Area…, … parcels numbered 5.613, 07 and 22.170,00 square meters, respectively,
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because of the statute of limitations, they have been identified and registered in the field … and in the name of their customers. Plaintiff … legal entity, contentious immovable property in the nature of public property on the basis of the claim that the pasture has filed a claim for cancellation of the title deed and registration in his name. The Treasury intervened during the trial, claiming that the disputed immovable properties were places under the state’s provisions and savings, and participated in the case with the cancellation of the land registry and the request for registration in the name of the raw land. At the end of the trial by the court, it was decided to accept the case, to cancel the land registry records of the disputed 101 islands 170 and 471 parcels and to register them with the special register on behalf of the Treasury, to reject the case of the Treasury, and the verdict was appealed by the defendants ‘ attorneys.
Due to the contents of the file, the evidence on which the decision is based and the reasons required in accordance with the law, and the lack of a fault in the discretion of the evidence, other appeals of the defendants ‘ deputies are not in place. However, contentious 101 island 170 and 471 parcels of real estate as pasture limitation and writing to the private register should be decided, ” pasture in the name of the Treasury with the special register registration,” the decision in the form of is not hit, although it requires to disrupt; correction of this issue does not require retrial, provision Paragraph A-1. the words “with cancellation” after the word “pasture in the name of the Treasury to register in the private registry” are removed from the provision instead of “pasture as restricted and written to the private registry” and the provision is corrected and approved with this form, when the legal conditions are realized within 15 days from the notification of the decision to be clear way to correct the decision, 10.02.20220
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