Petition for Protection of Possession and Unspecified Claim

TO THE DUTY CIVIL COURT OF PEACE,
ANKARA

PLAINTIFF: Name and Surname – (Turkish Republic Identity Number: …) – Address
REPRESENTATIVE: Lawyer's Name and Surname – Address, Telephone
DEFENDANT: Name and Surname – Address

SUBJECT: Claim for protection of possession, return of immovable property, and compensation for damages incurred (unspecified claim under Article 107 of the Code of Civil Procedure, for now, monthly payment of … TL).

EXPLANATIONS:

1. According to Article 4/1-c of the Turkish Code of Civil Procedure No. 6100, only the Civil Court of Peace has jurisdiction to hear cases concerning the protection of possession in movable and immovable property disputes. My client is filing this lawsuit to protect their possession pursuant to Articles 982 and 983 of the Turkish Civil Code (TMK). It is necessary to protect my client's actual control over the immovable property.
2. My client has been the legal and actual possessor of the apartment located on the ... floor, apartment number ..., in the ... building on the ... property in ... province, since .../.../... date. However, on .../.../... date, the defendant violated my client's actual control by having the lock of the apartment opened by a locksmith. This action by the defendant is clearly usurpation according to Article 982 of the Turkish Civil Code and violates my client's right of possession over the property.
3. My client applied to the ... District Governorship requesting the prevention of the trespass. However, this application was rejected by the ... District Governorship's decision dated ... and numbered ... on the grounds that the matter should be resolved by the courts. My client is the possessor of the dwelling on which he actually uses the property and whose legal rights are protected, and he requests the prevention of this violation by the defendant.
4. The client's electricity and water subscriptions for the property commenced on …/…/… and the client has resided in and used the property since that date. The defendant, however, entered the residence by force without the client's knowledge or consent, thereby violating the client's right of possession. In accordance with Article 982/3 of the Turkish Civil Code and Article 107 of the Turkish Code of Civil Procedure, the client's damages must be determined and compensated within the scope of an uncertain claim for damages.

EVIDENCE:

1. ... District Governor's Office decision file dated ... and numbered ..
2. ... Civil Court of First Instance, case number ..., decision number ..
3. Investigation and expert reports
4. Witness statements
5. Water and electricity subscription start dates
6. All kinds of legal evidence

LEGAL GROUNDS: Turkish Civil Code Articles 973, 982, 983, Code of Civil Procedure Article 4-1/c, 107 and other relevant legislation.

CONCLUSION AND REQUEST:
For the reasons explained above;

• The plaintiff requests the protection of his right of possession over the immovable property numbered … in … province, which he possesses
• To prevent the defendant from trespassing on the client's property,
• The property shall be delivered to the client, and the previous state of possession shall be restored
• The amount of damages, currently set at ... TL per month, shall be increased according to the actual amount of damages to be determined as a result of the expert examination
• I respectfully request and demand that the court order the defendant to pay the court costs and attorney's fees.

…/…/…
Plaintiff's
Attorney Name and Surname
Signature