7.
| (1) A tenant cultivator of any extent of paddy land shall have the right to occupy and use such extent in accordance with the provisions of this Act and shall not he evicted from such extent notwithstanding anything to the contrary in any oral or written agreement by which such extent has been let to such tenant cultivator, and no person shall interfere with the occupation and use of such extent by the tenant cultivator and the landlord shall not demand or receive from the tenant cultivator any rent in excess of the rent required by this Act, to be paid in respect of such extent to the landlord. |
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| (2) Notwithstanding anything in any other written law. the tenant cultivator of any extent of paddy land which is purchased by any person under the Partition Law. No. 21 of 1977. or which is allotted to a co-owner under a decree for partition shall be deemed to be the tenant cultivator of that extent of paddy land of such purchaser or such co-owner, as the case may be, and the provisions of this Act, shall apply accordingly. |
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| (3) Where a tenant cultivator of any extent of paddy land notifies the Commissioner-General in writing that he has been evicted from such extent, the Commissioner-General shall refer the matter to the Agrarian Tribunal and direct the Tribunal to hold an inquiry for the purpose of deciding the question whether or not such person has been evicted. |
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| (4) The notification referred to in subsection (3) shall be made within six months from the date of such eviction. |
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| (5) If at the inquiry held by the Agrarian Tribunal, it is proved to the satisfaction of the Agrarian Tribunal that the tenant cultivator had been evicted from such extent, it shall be presumed, unless the contrary is proved, that such eviction had been made by, or at the instance of, the landlord. |
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| (6) The landlord of the extent of paddy land and the person evicted shall be given an opportunity of being heard in person or through a representative, at the inquiry held by the Agrarian Tribunal. The decision of the Agrarian Tribunal after such inquiry shall be communicated in writing and, sent by registered post to the Commissioner-General, the landlord and the person evicted. If the landlord or the person evicted is aggrieved by the decision of the Agrarian Tribunal, he may. within thirty days of the communication of the decision to him. by petition in writing in which the other person shall be mentioned as respondent, appeal to the Court of Appeal against the decision, on a question of law, A copy of the petition shall be sent to the Commissioner-General under registered post at the time when the appeal is made. Where no appeal is made against the decision within the time allowed therefor, such decision shall be final and conclusive. |
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| (7) Where at any inquiry referred to in subsection (3) the Agrarian Tribunal holds"
| | (a) that eviction has been established and no appeal has been made against such decision within the time allowed therefor, or the Court of Appeal has on any such appeal confirmed the decision of the Agrarian Tribunal that eviction has been established ; or | | |
| | (b) that eviction has not been established and the Court of Appeal has in appeal varied the decision of the Agrarian Tribunal and held that eviction has been established, then"
| | | (i) the person evicted shall be entitled to have the use and occupation of the extent of paddy land restored to him ; and |
| (ii) the Commissioner-General shall on receipt of the decision of the Agrarian Tribunal or the Court of Appeal, as the case may be. in writing order that every person in occupation of the extent of paddy land shall vacate it on or before such date as shall be specified in such order and if such person fails to comply with such order, he shall be evicted from such extent in accordance with the provisions of section 8 : and |
| (iii) the landlord of such extent shall for each day during which a person in respect of whom an order has been made continues to occupy such extent after the date specified in that order, pay to the person mentioned in sub-paragraph, (i) damages at such rate as may be prescribed unless the Agrarian Tribunal or the Court of Appeal has decided that such person was evicted without the knowledge, consent or connivance of such landlord : |
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| (8) Where the landlord of the extent of paddy land falls or refuses to pay within fourteen days after demand, any sum which he is required to pay as damages under subsection ( 7) such sum may, on application made by the person evicted to the Magistrate's Court having jurisdiction over the place where such extent is situated, be recovered in like manner as a fine imposed by such Court notwithstanding that such sum may exceed the amount of the fine which that Court may in [he exercise of its ordinary jurisdiction impose. |
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| (9) For the purposes of subsection (8) an order made by the Commissioner-General that the sum specified in such order, as being due from the landlord, shall be proof that such sum is due. |
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| (10) Where a person (hereafter in this subsection referred to as the "lessor") lets any extent of paddy land to any other person (hereafter in this subsection referred to as the "lessee".; and the lessee does not become the tenant cultivator of such extent by reason of the fact that he is not the cultivator thereof. then if the lessee lets such extent to any person (hereafter in this subsection referred to as the "sub-tenant cultivator") and the sub-tenant cultivator become the tenant cultivator of such extent by reason of his being the cultivator thereof, the subtenant's right as the tenant cultivator of such extent shall not be affected in any manner by the termination of the lease granted by the lessor to the lessee : |
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| (11) The rights of a tenant cultivator of any extent of paddy land shall not be affected in any manner by the sale (whether voluntary or in execution of a decree of Court), the transfer by gifts, testamentary disposition or by assignment, or by devolution under the law of inheritance, of the right, title and interest of the landlord of such extent. |
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| (12) The rights of a tenant cultivator to occupy and use any extent of paddy land shall not be sequestered, seized or sold in execution of a decree or process of any court. |
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| (13) Nothing in Chapter LXVI of the Civil Procedure Code (inserted in that Code by the Civil Procedure Code (Amendment) Act. No. 79 of 1988) shall be read or construed as empowering a Judge of the Small Claims Court to hold, an inquiry or make any Order under the aforesaid Chapter in respect of a dispute affecting paddy lands within the meaning of this Act. |
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| (14) If any person directly or indirectly makes use of. or threatens to make use of, force, violence or restraint, or inflicts or threatens to inflict, any harm, damage or loss upon or against a tenant cultivator of any extent of paddy land in order to induce, compel or prevail upon that tenant cultivator to refrain from exercising any right or privilege conferred upon him by or under this Act. such person shall be deemed to interfere in the occupation and use of such extent by that tenant cultivator. |
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| (15) Any person who contravenes the pro\visions of this section shall be guilty of an offence under this Act. and shall on conviction after summary trial before a Magistrate be liable to a fine not exceeding five thousand rupees. |
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Sri Lanka Consolidated Acts