63.
| (1) Where at the inquiry it appears that the dispute relates to the right to the possession of any land or any part of a land and such dispute is likely to lead to a breach of the peace, it shall be the duty of the Magistrate to determine as to who was in possession of the land or the part in dispute on the date of issue of the notice under section 62. Where he makes a determination he may, unless the provisions of subsection (3) apply, make an order under subsection (2). |
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| (2) An order under this subsection shall declare any one or more persons therein specified to be entitled to the possession of the land or the part of such land in dispute in the manner specified in such order until such person or persons are evicted therefrom under a judgment, order or decree of a competent court, and prohibit all disturbance of such possession or otherwise than under the authority of such judgment, order or decree. |
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| (3) Where at an inquiry into a dispute relating to the right to the possession of any land or any part of a land the Magistrate is satisfied that any person who had been in possession of such land or part has been forcibly dispossessed within a period of two months immediately before the date on which the notice was issued under section 62. he may make a determination to that effect and make an order under subsection (4). |
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| (4) An order under subsection (2) may contain, in addition to the declaration and prohibition referred to in that subsection, a direction that any party specified in the order shall be restored to the" possession of the land or any part specified in such order. |
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| (5) Where the dispute relates to any right to any land or any part of a land other than the right to possession of such land or part, the Magistrate shall determine as to who is entitled to the right which is the subject of the dispute and make an order under subsection (6). |
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| (6) An order under this subsection may declare that any person named therein shall be entitled to any such right in or in respect of the land or in any part of the land as may be specified in the order until such person is deprived of such right by virtue of a judgment of a competent court, and prohibit all disturbance or interference with the exercise of such right by such party other than under the authority of a judgment as aforesaid. Such order may also contain such other directions as the Magistrate may think fit with regard to the exercise of such right or the sale of any crop or produce of the land or part of the land or to the custody or disposal of the proceeds of the sale of such crop or produce. |
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| (7) A determination under the six immediately preceding subsections shall be made after examination and consideration of any statements furnished in compliance with the notice issued under section 62 and of all such evidence as may be admitted by the Magistrate in his discretion: |
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| (8) Where the terms of settlement of a dispute affecting any land are voluntarily agreed on between the persons concerned in the dispute and are approved by the Magistrate, an order under the preceding provisions of this section may be made in accordance with the terms as settled. |
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| (9) Except in the case provided for by subsection (8), a Magistrate of the court by which an order under this section was made may, on application made to him in that behalf by any person affected by the order, rescind the order or vary it in such manner as he may consider expedient. |
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| (10) No appeal shall lie against an order made under this section. |
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Sri Lanka Consolidated Acts