Sri Lanka Consolidated Acts

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Protection of Tenants (Special Provisions) Act (No. 28 of 1970) - Sect 6

Procedure for ejectment

6.
(1) Where any person who has been ordered under section 5 by the Commissioner to vacate any premises and to deliver possession thereof fails to comply with such order, the Commissioner or any person authorized in that behalf by the Commissioner, may present to the Magistrate's Court within whose local jurisdiction such premises are situated, a written report specifying the nature of such order and the person to whom it was issued, specifying the premises to which such order relates, stating that such person has failed as required by such order to vacate and deliver possession of such premises, praying for an Order to eject from such premises such person and all other persons in occupation of such premises, and mentioning the person to whom delivery of possession of such premises should be made.
(2) Where a written report is presented to the Magistrate's Court under sub-section (1), such Court shall issue an Order directing the person specified in such report and all other persons in occupation of the premises specified in the order to be ejected forthwith from such premises. After making such Order, the Court shall give notice of such Order through the Fiscal or a peace officer to the person against whom the Order is made.
(3) Where any person fails to comply with an Order made under sub-section (2), the Magistrate's Court shall, notwithstanding anything in any other law, on the application of the person by whom the written report under sub-section (1) was presented, direct the Fiscal or a peace officer to eject from the premises to which the Order relates, all persons bound by the Order and to deliver possession of such premises to the person mentioned in such report as the person to whom delivery of possession of such premises should be made.
(4) The Fiscal or the peace officer entrusted with the execution of the Order of ejectment shall comply with the directions of the Magistrate's Court by which such Order was made and shall make a due return of the manner in which he executed such Order.
(5) In executing an Order of ejectment the Fiscal or the peace officer or any person authorized by the Fiscal or the peace officer may use such force as may be necessary to enter the premises to which the Order relates and to eject any person bound by the Order and to deliver possession of such premises in accordance with the directions of the Magistrate's Court which issued the Order.


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