3.
| (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 Law and shall not be evicted from such extent not with, standing 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 in 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 Law to be paid in respect of such extent to the landlord. |
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| (2) Notwithstanding anything in any other law the tenant cultivator of any extent of paddy land. which is purchased by any person under the Partition Act or which is allocated to a co-owner under a decree for partition shall be deemed to be the tenant cultivator of such purchaser or of such co-owner, as the case may be, and the provisions of this Law shall apply accordingly. |
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| (3) Where a tenant cultivator of any extent of paddy land notifies the Agricultural Tribunal (hereinafter referred to as the " Tribunal") within whose area of authority such extent lies that he has been evicted from such extent, such Tribunal may hold an inquiry for the purpose of deciding the question whether or not such person had been evicted. |
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| (4) The notification referred to in subsection (3) shall be made within one year from the date of such eviction. |
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| (5) If at such inquiry it is proved to the satisfaction, of the Tribunal that such person had been evicted, it shall be presumed, unless the contrary is proved, that such eviction had been made by or at the instance of the landlord of such extent. |
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| (6) The landlord of such extent and the person evicted shall be given an opportunity of being heard in person or through a. representative at such inquiry. The decision of the Tribunal on such question shall be communicated in writing to such, landlord and the person evicted. If such landlord or the person evicted is aggrieved by such decision, he may, within, thirty days of the communication of such decision to him, by written petition in which the other person is mentioned as respondent, appeal to the Supreme Court against that decision on a question of law. |
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| (7) The decision of the Supreme Court on an appeal under subsection (6) shall be final and conclusive and shall not be questioned in any court of law. |
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| (8) Where, in the case referred to in subsection (3), the Tribunal decides-
| | (a) that the eviction has been made and no appeal is made from such decision within the time allowed therefor, or the Supreme Court has, on any such appeal confirmed the decision of the Tribunal; or | | |
| | (b) that no eviction had been made and the Supreme Court has on an appeal varied the decision of the Tribunal and held that an eviction has been made, then-
| | | (i) the person evicted shall be entitled to have the use and occupation of such extent restored to him, and |
| (ii) the Tribunal shall in writing order that every person in occupation of such extent shall vacate it on or before such date as shall be specified in that 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 4, and the landlord of such extent shall, for each day during which a person in respect of whom, an order under this paragraph has been made continues to occupy such extent after the date specified in that order, pay to the person mentioned in subparagraph (i) of this paragraph damages at such rate as may be prescribed unless such landlord satisfies the Tribunal that such person was evicted without the knowledge, consent or connivance of such landlord. |
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| (9) Where the landlord of an extent of paddy land fails or refuses to pay, within fourteen days after demand, any sum which he is required to pay as damages under subsection (8), to any person, such sum may, on application made by such person to the Magistrate's Court having jurisdiction over the place where such extent is situate, 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 the exercise of its ordinary jurisdiction impose. |
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| (10) Where a person (hereafter in this subsection referred to as the lessor) lets any extent or 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 " subtenant " (and the subtenant becomes the tenant cultivator of such extent by reason of his being a cultivator thereof, the subtenant's rights as the tenant cultivation 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 the decree of a court), the transfer by gift, testamentary disposition or otherwise, the assignment or disposal otherwise, or the 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 the decree or process of any court. |
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| (13) If any person contravenes the provisions of this section he shall be guilty of an offence and shall on conviction after summary trial before a Magistrate, be liable to a fine not exceeding five hundred rupees, and, in default of payment of a fine to imprisonment of either description for a term not exceeding one month. |
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| (14) For the purposes of this section. if any person directly or indirectly makes use of, or threatens to make use of, any 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 or under this Law, such person shall be deemed to interfere in the occupation and use of such extent by that tenant cultivator. |
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Sri Lanka Consolidated Acts