Petition for Unjust Enrichment Lawsuit

TO THE DUTY PRIMARY CIVIL COURT
OF ANKARA

PLAINTIFF : Name and Surname – (Turkish Republic Identity Number: …), Address

ATTORNEY : Lawyer's Name and Surname, Address

DEFENDANT : Name and Surname, Address

VALUE OF THE CLAIM : … TL

SUBJECT : While reserving our right to claim further amounts and pursue legal action, this concerns our current claim for compensation for unlawful use of property amounting to … TL for the past 5 (five) years.

EXPLANATIONS:

1. My clients, the plaintiffs, are joint owners of independent section number ... of the property registered under plot number ... in block ... and independent section number ... of the property registered under plot number ... in block ... in the ... district of ... center. This joint ownership arises from inheritance law and emerged during the transfer of ownership in the land registry after the death of the deceased.
2. My clients' deceased relative passed away on [date]. Since that date, both properties have been managed by the defendant, and the rental income from these properties is collected solely by the defendant. Although my clients have requested payment of their due rental income from the defendant since the beginning of the process, the defendant has ignored these requests and refused to share the income.
3. Both properties generate high rental income, and there is a serious dispute between my clients and the defendant regarding the sharing of rental income. The true rental value of the properties will be determined through an on-site inspection and assessment by an expert. This lawsuit has been filed to protect my clients' rights to the income they should receive from the rental process of these properties.
4. The defendant has been using the properties unlawfully since …/…/… and collecting the rental income solely in their own name. This constitutes a violation of my clients' rights based on joint ownership. Therefore, the defendant must be ordered to pay my clients their share of the rental income, calculated based on an on-site inspection, for the five-year period preceding the filing of the lawsuit and including any months that may pass during the lawsuit.
5. Furthermore, the defendant's use of the properties during this period may have caused wear and tear and a decrease in their value. Therefore, my clients have claims against the defendant not only for past rental income but also for the damages incurred by the properties. An on-site inspection is necessary to determine these damages.

EVIDENCE: Land registry records, population registry records, witness statements, inspection report, and other legal evidence.

CONCLUSION AND REQUEST: For the reasons presented and explained above;

1. With the acceptance of this lawsuit, it is ordered that the defendant be ordered to pay ... TL in compensation for unlawful use of property, plus legal interest, for the period of 5 years prior to the date the lawsuit was filed, and for the months that will pass during the lawsuit, in proportion to the share of my clients based on the rental price to be determined after an on-site inspection
2. An expert examination should be conducted to determine the potential damage suffered by the properties as a result of the defendant's use, and this damage should be recovered from the defendant
3. I respectfully request and demand, as legal counsel, that the court order the defendant to pay the court costs and attorney's fees.

…/…/…

Plaintiff's
Attorney's Name and
Surname