Sri Lanka Consolidated Acts

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Protection of Tenants (Special Provisions) Act (No. 28 of 1970) - Sect 5

Prohibition of ejectment other than by an order of Court

5.
(1) No landlord of any premises or other person shall, by himself or through any other person, eject or cause to be ejected from such premises, otherwise than on an order of a competent Court, the tenant of, or the person in occupation of, such premises notwithstanding anything to the contrary in any oral or written agreement by which such premises were let.
(2)
(a) Where the tenant of, or the person in occupation of, any premises notifies the Commissioner that he has been ejected from such premises in contravention of the provisions of sub-section (1), the Commissioner may hold an inquiry for the purpose of deciding the question whether or not such tenant or person has been ejected from such premises.
(b) The landlord of such premises and the person ejected shall be given an opportunity of being heard in person or through a representative at such inquiry. The Commissioner's decision on such question shall, notwithstanding anything in any other law, be final and conclusive and shall not be called in question in any court, whether by way of writ, order, mandate or otherwise.
(c) Where the Commissioner decides that such tenant or person has been ejected, then,
(i) such tenant or person shall be entitled to have the use and occupation of such premises restored to him; and
(ii) the Commissioner shall in writing order that every person in occupation of such premises shall, on such date as shall be specified in the order, vacate such premises and deliver possession thereof to the person ejected, and if any person ordered to vacate and deliver possession fails to comply with such order, he shall be ejected from such premises in accordance with the provisions of section 6.


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