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Apelação - Ação de despejo - Contrato verbal de locação - Ausência de verificação do fato constitutivo do direito do autor - Recurso improvido. Não se desincumbindo o autor-recorrente do ônus de provar os fatos constitutivos de seu direito - no caso, a existência de contrato verbal de relação locatícia -, o não-provimento do recurso é medida que se impõe. (TJ/MS - Ap. Cível n. 2007011431-7Comarca de Iguatemi - 4a. T. - Ac. unân. - Rel.: Des. Atapoã da Costa Feliz - j. em 25.03.2008 - Fonte: DJMS, 07.04.2008).
Extraímos do voto do eminente relator, Des. Atapoã da Costa Feliz, a seguinte lição: "A sentença consiste na improcedência do pedido sob o fundamento de inexistência de prova documental que atestasse a relação locatícia, bem como a constatação, feita pela prova testemunhal, de que as partes mantinham relacionamento amoroso, tendo o imóvel sido cedido à recorrida para o seu uso sem nenhuma contraprestação. [...] Verifica-se que, embora o recorrente alegue que houve um contrato verbal firmado entre ele e a recorrida para a locação do imóvel objeto da ação de despejo, não há nos autos provas concretas da relação locatícia, o efetivo recebimento do aluguel pelo recorrente nem que os valores são aqueles por ele afirmado na inicial. Como bem ressaltou a magistrada, não é razoável levar em consideração que apenas o fato de o recorrente ter notificado extrajudicialmente a recorrida a deixar o imóvel que lhe pertencia teria a capacidade...
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