RESOLUTION OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of October 5, 2005 No./5838

(extraction)

Change of provisions of the lease, its termination and the termination are allowed by agreement of the parties. Upon the demand of one of the parties the lease agreement can be terminated by a court decision in case of violation of terms of the contract by other party.

JSC O appealed to economic court with the claim for eviction of DP "T" and collection of 1463040 bags constituting rent receivable.

Requirements of the claimant are met by the judgment partially, 1216000 bags are collected from the defendant, other part of the claim it is refused.

In appellate instance case was not considered.

Without having agreed with the decision, the claimant appealed to the Supreme Economic Court with the writ of appeal in which he asks to satisfy claims in full.

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 December 15, 2003 between the claimant (lessor) and the defendant (lessee) the agreement N1 of lease of rooms of N33 and N34 under office with a total area of 152 sq.m. is signed.

The term of the lease agreement is determined by the parties from January 1, 2004 to December 31, 2004, with clause that if any of the parties does not report about agreement cancelation till December 15, 2004, then the agreement is considered prolonged for one year, i.e. till December 31, 2005. The claimant, considering that the lease agreement ended on December 31, 2004 asks court to evict from the defendant the occupied room and to collect from it the rent for the actual stay in rented room taking into account increase in rates on the rent in the amount of 1463040 bags.

The Trial Court reasonably met the requirement of the claimant only regarding collection of the rent in the amount of 1216000 bags, having refused other part of claims.

Under the terms, following from the agreement of December 15, 2003 if any of the parties does not declare till December 15, 2004 agreement cancelation, then it is considered extended till December 31, 2005.

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