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JUDGEMENT of Sheriff N.A.Ross in the Summary Application by EDINBURGH WOOLLEN MILL LIMITED PURSUER against SURINDER SINGH, GALAB SINGH, AND DILDAR SINGH, as partners and trustees for the firm of GOLD BROTHERS DEFENDERS
Edinburgh, 4 September 2013: the Sheriff, having resumed consideration of the cause, refuses the pursuer's application in terms of the Tenancy of Shops (Scotland) Act 1949 to renew the lease of the premises at 453-455 The Lawnmarket, Edinburgh; appoints a hearing on expenses on a date to be afterwards fixed.
"sheriff may...determine that the tenancy shall be renewed for such period, not exceeding one year, at such rent, and on such terms and conditions as he shall, in all the circumstances, think reasonable, and thereafter the parties shall be deemed to have entered into a new lease of the premises for that period, at that rent and on those terms and conditions."
"Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest..."
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