58.
| (1) The purchaser of any land sold in pursuance of the preceding provisions of this Part shall, upon application made to the District Court of Colombo or the District Court having jurisdiction over the place where that land is situated, and upon production of a certified copy of the certificate of sale issued in respect of that land under section 50 be entitled to obtain an order for delivery of vacant possession of that land. |
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| (2) Every application under subsection (1) shall be made by way of petition and affidavit to which shall be annexed a certified copy of the certificate of sale issued under section 56 and for the purpose of such application and on all proceedings held in consequence of such application made under that subsection by any person, other than any person for and on behalf of the Authority stamp duties and other charges shall be payable at the respective rates at which such duties and charges are payable under any written law for the time being in force. |
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| (3) Upon the presentation of the application referred to in subsection (1) the District Court shall forthwith order the delivery of possession of the property to the purchaser and shall issue a writ of possession to the Fiscal of the Court requiring and authorizing him before a date specified in the writ, to deliver possession of the premises to the purchaser or to any other person appointed by him for the purpose and to eject the occupier and his dependants if any from the premises and every other person occupying such land or premises or any portion thereof. In the event the Fiscal is unable to deliver possession within the date specified by the Court, the Court shall have power to re-issue the writ ex- tending the period of execution, of such writ. In executing the writ issued to the Fiscal, the Fiscal or the police officer or any person authorized by the Fiscal or the police officer may use such force as may be necessary to enter the premises in accordance with the directions of the District Court which issued the order. |
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| (4) Where the purchaser files an application under sub section (1) he shall at the same time issue to the person named as respondent in the application a notification thereof by personal service, registered post or telegraph, but the non-receipt of such notification by that person shall not invalidate proceedings under this section. |
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Sri Lanka Consolidated Acts