5.
| (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 be 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 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 Act 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 Law, No. 21 of 1977 ; or which is allocated 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 that he has been evicted from such extent, such Commissioner 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 Commissioner that the tenant cultivator 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. |
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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. The decision of the Commissioner after such inquiry shall be communicated in writing to the landlord and the person evicted. If the landlord or the person evicted is aggrieved by a decision of the Commissioner, 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 that decision on a question of law. Where no appeal is made from a decision of the Commissioner 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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| (7) Where, at any inquiry referred to in subsection (3), the Commissioner decides-
| | (a) that eviction has been established and no appeal is made from such decision within the time allowed therefor or the Court of Appeal has, on any such appeal, confirmed the decision of the Commissioner that eviction has been established ; or | | |
| | (b) that eviction has not been established and the Court of Appeal has on appeal varied the decision of the Commissioner 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 shall 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 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 6, 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) damages at such rate as may be prescribed unless such landlord satisfies the Commissioner 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 fails or refuses to pay, within fourteen days after demand, any sum which he is required to pay as damages under sub- section (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 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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| (9) Where a person (hereafter in this subsection refer- red 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 " subtenant") and the subtenant becomes 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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| (10) 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 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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| (11) 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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| (12) If any person directly or indirectly makes use of, or threatens to make use of, force, violence, or restraint of 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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| (13) If any person contravenes the provisions of this section he 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 hundred rupees. |
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Sri Lanka Consolidated Acts