| 39.
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| (1) No land alienated on a permit or grant shall be seized or sold in execution of the decree of any court: | | |
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| (2) Where land alienated on a grant is sold in execution of a decree entered in an action for the enforcement of a mortgage on that land, the sale shall not be confirmed by the court unless the Land Commissioner has approved the purchaser upon application made in that behalf by the purchaser. | | |
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| (3) Where the Land Commissioner refuses to approve the purchaser of any land alienated on a grant, the purchaser shall apply to the court by petition to set aside the sale on the ground that he has not been approved by the Land Commissioner. Upon such application being made, the court shall pass an order setting aside the sale. | | |
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| (4) When a sale of land alienated on a grant is set aside under sub-section (3)-
| | | (a) the purchaser shall be entitled to receive back his purchase money from any person to whom the purchase money has been lawfully paid, and |
| (b) the land shall be purchased by the Crown for such sum as the Chief Valuer of the Government or any officer authorized by him may determine. |
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| (5) An order for the repayment of the purchase money may be made by the court on an application made under sub- section (3) if the person against whom the order is directed is a party to the application and such order may be enforced against such person in like manner as a decree for money. | | |
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| (6) If the amount paid by the Crown for the purchase under this section of any land alienated on a grant exceeds the total amount of the debt due to the mortgagee together with the costs of seizure and sale, the mortgagor shall be entitled to such excess. | | |
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Sri Lanka Consolidated Acts