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Procedure Roll:- In this action the pursuer sought declarator that a lease between the parties, relating to subjects in Crieff, was validly terminated by the pursuer on 22 January 2009 and for an order ordaining the defenders to remove. It was the pursuers case that the defender had not adequately maintained the subjects in accordance with its obligations under the lease and on 23 November 2007 they served a notice on the defenders enclosing an interim schedule of dilapidations and calling for the wants of repair to be remedied within 3 months failing which the lease would be terminated. The pursuer averred that the defenders failed to carry out the repairs and were thus in breach of the contractual provisions between the parties and a notice of termination of lease was served on 22 January 2009 and in the circumstances it is fair and reasonable for them to treat the lease as being terminated. It was the defenders position that a wall referred to by the pursuers was generally structurally sound and intact and during 2009 the defenders carried out various repairs and maintenance works at the subjects, including repairs to these walls. On the procedure roll the defenders sought dismissal of the action on their second plea in law on the basis that rescission is only available where:- (1) there has been a material breach of contract; (2) the tenant has been requested to perform his obligation; and (3) the tenant is unwilling or unable to perform in the future, none of which applied in the present case. It was submitted on behalf of the pursuer that the case should be sent to proof as the defenders had entered into a voluntary contract with the pursuers and were subsequently served with a notice alleging failure to fulfil obligations under that contract and they had failed to fulfil those obligations within a period in which they were given the opportunity to do so. Here the court considered the defenders plea and whether the pursuers had averred sufficient circumstances, in relation to any material breach of contract, notice to perform, and a failure to remedy within the period of the notice, to entitle them to a proof.