Sri Lanka Consolidated Acts

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Finance and Ceylon State Mortgage Bank (Amendment Act (No. 16 of 1973) - Sect 3

Amendment of section 72 of the principal enactment

3. Section 72 of the principal enactment is hereby amended by the repeal of subsection (7) of that section, and the substitution therefor, of the following new subsections: -
"(7) Where any person in occupation or in possession of such premises or any person interested in such premises or his authorized agent is not present on the date and at the time and place specified in the notice given under subsection (5), or if any such person is present but refuses to allow the authorized officer to take possession of such premises, the authorized officer shall, upon application made to the District Court having jurisdiction over the place where such premises are situate, and upon production of the vesting Order made under subsection (2), be entitled to obtain an order for delivery of possession of such premises.
(8) Every application made under subsection (7) shall be made, and shall be disposed of, by way of summary procedure in accordance with the provisions of Chapter XXIV of the Civil Procedure Code; and on all documents filed for the purposes of each such application and on all proceedings held thereupon, stamp duties and other charges shall be payable at the respective rates payable under any written law for the time being in force, on application for, and proceedings connected with or incidental to, the execution of a decree of a District Court for the delivery of possession of a property of the same value as the property to which such application relates.".


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