ASLAM MOHAMMED ALI v. SARV MITTER KHOSLA and MRS PAULINE KHOSLA and DAVID W FRANCIS and MRS SANDRA A FRANCIS [2001] ScotHC 58 (20th July, 2001)

ASLAM MOHAMMED ALI v. SARV MITTER KHOSLA and MRS PAULINE KHOSLA and DAVID W FRANCIS and MRS SANDRA A FRANCIS [2001] ScotHC 58 (20th July, 2001)

The sheriff was entitled to find, on the evidence, that there was no lease between the parties because there was no consensus on rent, term, or subjects, and the arrangement was a licence to occupy rather than a tenancy. The payments made were not rent, and the intention of the parties was not to create a landlord/tenant relationship. The appeal fails as the sheriff made no error in fact or law.

Citation
[2001] ScotHC 58
Parties
Pursuer and Appellant: Aslam Mohammed Ali; First Defender and Respondent: Sarv Mitter Khosla; First Defender and Respondent: Mrs Pauline Khosla; Second Defender and Respondent: David W Francis; Second Defender and Respondent: Mrs Sandra A Francis
Jurisdiction
Scotland
Procedural Posture
Appeal in Action for Declarator of Tenancy, Removing, Interdict and Damages / Appeal From Interlocutor of Sheriff After Proof
Outcome
Appeal refused; sheriff's interlocutor adhered to; respondents assoilzied from the craves of the initial writ.
Legal Topics
Agricultural Tenancy, Lease Formation, Security of Tenure, Tacit Relocation, Licence Vs Lease, Rent Agreement
Property Law Landlord and Tenant Law Agricultural Law Agricultural Tenancy Lease Formation Security of Tenure Tacit Relocation Licence Vs Lease +1 more

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Parties

Aslam Mohammed Ali

Pursuer and Appellant

Sarv Mitter Khosla

First Defender and Respondent

Mrs Pauline Khosla

First Defender and Respondent

David W Francis

Second Defender and Respondent

Mrs Sandra A Francis

Second Defender and Respondent

Procedural Posture

Appeal in Action for Declarator of Tenancy, Removing, Interdict and Damages / Appeal From Interlocutor of Sheriff After Proof

Legal Issues

  1. 1 Whether the appellant was a tenant under the Agricultural Holdings (Scotland) Act 1949/1991
  2. 2 Whether there was a lease or only a licence to occupy
  3. 3 Whether the sheriff erred in fact or law in assoilzieing the respondents

Ratio Decidendi

The sheriff was entitled to find, on the evidence, that there was no lease between the parties because there was no consensus on rent, term, or subjects, and the arrangement was a licence to occupy rather than a tenancy. The payments made were not rent, and the intention of the parties was not to create a landlord/tenant relationship. The appeal fails as the sheriff made no error in fact or law.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to; respondents assoilzied from the craves of the initial writ.