The 3rd Civil Chamber of the Court of Cassation ruled that, under Articles 350/1 and 353 of the Turkish Code of Obligations, in an eviction action filed in due time on grounds of need, the need must persist not only on the date the action was filed but throughout the proceedings, and that listing the leased property for sale during the proceedings undermines the sincerity of the claimed need. It held that, in such circumstances, litigation costs and attorney's fees must be calculated in the defendant's favor on a proportional basis, and the judgment was approved as corrected in that respect.
