4. Section 5 of the principal amended as follows: "
| (a) by the repeal of subsection (3) of that section and the substitution therefor, of the following subsection : "
| | ' (3) Where a tenant cultivator of an extent of paddy land notifies the Commissioner, in writing, that he has been evicted from such extent, the Commissioner shall cause an inquiry to be held by an Inquiry Officer for the purpose of deciding the question whether such person had been evicted." ; | | |
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| (b) by the substitution in subsection (5) of that section for the word "Commissioner" of the words " Inquiry Officer."; |
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| (c) by the repeal of subsection (6) of that section, and the substitution therefor, of the following subsection : "
| | " (6) The landlord of the extent of the paddy land and the person evicted shall be given an opportunity of being heard in person or through a representative at an inquiry. The decision of the Inquiry Officer after such inquiry shall be communicated in writing to the Commissioner, the landlord and the person evicted. If the landlord or the person evicted is aggrieved by such decision, 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 Board of Review appointed under Part IVA for the Province in which such extent of paddy land is situated, against that decision on a question of law. A copy of "such petition shall be sent by registered post to the Commissioner at the time of making the appeal. Where no appeal is made from such decision within the time allowed therefor such decision shall be final and conclusive and shall not be called in question in any court or tribunal."; | | |
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| (d) by the repeal of subsection (7) of that section and the substitution therefor, of the following subsection : "
| | " (7) Where at any inquiry referred to in subsection (3) the Inquiry Officer holds"
| | | (a) that eviction has been established and no appeal is made from such decision within the time allowed therefor or the Board of Review has on any such appeal confirmed the decision of the Inquiry Officer that eviction has been established ; or |
| (b) that eviction has not been established and the Board of Review has on appeal varied the decision of the Inquiry Officer and held that eviction has been established"
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| (e) by the repeal of the second proviso to subsection (9) of that section and the substitution of the following therefor :- |
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| (f) by the addition immediately after subsection (11) of that section of the following new subsection which shall have effect as subsection (11A) of that section : "
| | " (11A) 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 any inquiry or make any Order under the aforesaid Chapter in respect of a dispute affecting paddy land within the meaning of this Act.". | | |
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Sri Lanka Consolidated Acts