MOHAMMAD SHARIF & ANOTHER AGAINST DR MOHAMMED MOUGHAL [2023] ScotCS CSOH_42 (30 June 2023)

MOHAMMAD SHARIF & ANOTHER AGAINST DR MOHAMMED MOUGHAL [2023] ScotCS CSOH_42 (30 June 2023)

The pursuers' pleadings, if proved, could establish exceptional circumstances amounting to a miscarriage of justice, justifying reduction of the FtT eviction order. The case should not be dismissed at this stage as irrelevant.

Citation
[2023] ScotCS CSOH_42
Parties
Pursuer: Mohammad Azir Sharif; Pursuer: Manawar Sharif; Defender: Mohammed Shoaib Moughal
Jurisdiction
Scotland
Judgment Date
30 June 2023
Procedural Posture
Civil / Debate on Relevancy (motion to Dismiss)
Outcome
Defender's motion to dismiss refused; case to proceed.
Legal Topics
Reduction of Decree, Misrepresentation, Trust Deed, Eviction, Substantial Justice, Exceptional Circumstances
Civil Procedure Property Law Trusts and Equity Landlord and Tenant Reduction of Decree Misrepresentation Trust Deed Eviction +2 more

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Parties

Mohammad Azir Sharif

Pursuer

Manawar Sharif

Pursuer

Mohammed Shoaib Moughal

Defender

Procedural Posture

Civil / Debate on Relevancy (motion to Dismiss)

Legal Issues

  1. 1 Whether the pursuers' pleadings disclose exceptional circumstances justifying reduction of the First-tier Tribunal eviction order
  2. 2 Whether the defender's alleged misrepresentation to the FtT constitutes grounds for reduction
  3. 3 Whether failure to use alternative remedies bars reduction

Ratio Decidendi

The pursuers' pleadings, if proved, could establish exceptional circumstances amounting to a miscarriage of justice, justifying reduction of the FtT eviction order. The case should not be dismissed at this stage as irrelevant.

Court Disposition

Defender's motion to dismiss refused; case to proceed.

Orders

  • Case put out by order for further procedure and to address terms of interlocutor.