RESOLUTION OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of February 2, 2005 No. 10-0303/4061

The owner has the right to request the property from others adverse possession (vindication), and also to require elimination of any violations of its right though these violations and not were is connected ы with deprivation of ownership (the negotorny claim)
(Extraction)

JV RAMSI LTD appealed to economic court with the claim for eviction of the BSF "Alex Trading" from disputed rooms.

Requirements of the claimant are met by the judgment.

The decision is left by the resolution of appellate instance without change.

Without having agreed with the court resolutions which took place on case, the defendant addressed with the writ of appeal about their cancellation and the direction of case on new trial.

Judicial board, having studied case papers, having discussed arguments of the writ of appeal, considers the claim unreasonable on the following bases.

As it is seen from case papers, on July 9, 1997 between the claimant and Management of SPC of RUZ across Tashkent the Agreement N 1, according to which claimant was signed the apartment N2 in the house N79 on st. Nukus was acquired in property. Also, on July 20, 1997 between the claimant and Management of SPC of RUZ across Tashkent the Agreement N 2, according to which claimant was signed the apartment N1 in the house N79 on st. Nukus was acquired in property. After payment of cost of the acquired apartments by Management of SPC of RUZ for Tashkent to the claimant the state orders of N566 hey and N567 hey on the property right were issued.

Due to the need of carrying out repair work on re-equipment of apartments under office and lack of means for repair by the claimant the specified apartments were not used.

In 2002 the claimant knew that the defendant self-willedally occupied the specified rooms. Requests of the claimant to exempt rooms were ignored by the defendant in this connection the claimant took a legal action with the requirement to evict from the defendant disputed rooms.

Trial and Appeal Courts legally and reasonably met requirements of the claimant.

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