of May 11, 2005 No. 10-0519/12591
(extraction)
The property right represents the right of person to own, use, dispose, the property belonging to it at discretion and in the interests, and also the right to demand elimination of any violations of its property right from whom they did not proceed
State of emergency "Mekhmanov L. F." appealed to economic court with the claim to defendants of KP of "Elektrata'minotjamlash" and JSC Uzelektromontazh for reclamation from the proper defendant of property, namely part of the building with a total area of 361 sq.m, at the address: Tashkent, Ulitsa U. Nasyr, 91 and eviction of the defendant from this room.
By the judgment satisfaction of claims concerning the defendant of JSC Uzelektromontazh it is refused. Concerning the defendant of KP proceeedings are stopped by "Elektrata'minotjamlash".
The decision is changed by the resolution of appellate instance. Proceeedings are stopped.
Without having agreed with the resolution of appellate instance, the claimant appealed to the Supreme Economic Court with the writ of appeal about cancellation of the resolution and leaving in force of resolution of the Trial Court.
Judicial board, having studied case papers, having discussed arguments of the writ of appeal, considers the writ of appeal reasonable on the following bases.
As it is seen from case papers, on February 27, 2003 between the claimant and KP of "Elektrta'minotjamlash" the agreement N 4, according to which KP of "Elektrta'minotjamlash" is signed sold to the claimant the second floor of part of the building with a total area of 361 sq.m, at the address: Tashkent, Yakkasaraysky district, Ulitsa Usman Nasyr, 91.
The head department of regulation of land relations and the inventory of the real estate of khokimiyat of Tashkent made on September 15, 2004 state registration of transition of the property right to the real estate.
The claimant, considering that its rights as owner are broken, took a legal action with the claim for reclamation of the property and eviction of the defendant.
The Trial Court made lawful and reasoned decision.
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