12. Section 22 of the principal enactment, as amended by Law No, 10 of 1977, is hereby further amended as follows : -
| (1) by the addition immediately after subsection (1d) of that section of the following new subsection: -
| | " (1e) In any proceedings under subsection (1c) the court shall not inquire into the adequacy or the suitability of the alternate accommodation offered by the Commissioner of National Housing.;
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| (2) in subsection (2) of that section, by the insertion, immediately after paragraph (b) of that subsection, of the following new paragraph:
| | " (bb) in the case of premises let to a tenant, whether before or after the date of commencement of this Act, and where the landlord is the owner of not more than one residential premises
| | | (i) such premises are in the opinion of the court reasonably required for occupation as a residence for the landlord or any member of the family of the landlord; or |
| (ii) the landlord of such premises has deposited prior to the institution of such action or proceedings a sum equivalent to five years rent with the Commissioner of National Housing for payment to the tenant; or " ; |
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| (3) by the insertion, immediately after subsection (2) of that section, of the following new subsections: -
| | " (2A) Where a decree for the ejectment of the tenant of any premises referred to in paragraph (bb) of subsection (2) is entered by any court on any of the grounds referred to in that paragraph, the court shall forthwith issue a writ in execution of the decree to the Fiscal of the court requiring and authorizing him to deliver vacant possession of the premises to the landlord of such premises. | | |
| | (2B) Notwithstanding anything in any other law, where a writ in execution of a decree for the ejectment of the tenant of any premises referred to in paragraph (bb) of subsection (2) is issued by any court, the execution of such writ shall not be stayed in any manner by reason of any appeal from the judgment of such court. | | |
| | (2C) Where any action or proceedings for the ejectment of the tenant of any premises referred to in paragraph (bb) of subsection (2) is or are instituted in any court, such action or proceedings shall have priority over all other business of that court and shall in any event be disposed of within twelve months from the date of the institution of such action or proceedings." ; | | |
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| (4) in subsection (6) of that section, by the substitution for the proviso thereto, of the following proviso : |
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| (5) by the repeal of subsection (7) of that section and the substitution therefor of the following subsection :
| | (7) Notwithstanding anything in the preceding provisions of this section, no action or proceedings for the ejectment Of the tenant of any premises referred to in subsection (1) or subsection (2) (i) shall be instituted
| | | (a) on the ground that the premises are reasonably required for occupation as a residence for the landlord or any member of the family of the landlord or for the purposes of the trade, business, profession, vocation or employment of the landlord ; or |
| (b) where the landlord is the owner of not more than one residential premises, on the ground that -
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| (6) by the repeal of subsection (8) of that section and the substitution therefor of the following subsection : -
| | " (8) Where a decree for the ejectment of the tenant of any premises is entered by any court on the ground that the court is of opinion -
| | | (a) that the premises are reasonably required for occupation as a residence for the landlord or any member of his family or for the purposes of the trade, business, profession, vocation, or employment of the landlord; or |
| (b) that in the case of premises where the landlord is the owner of not more than one residential premises
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| (7) in subsection (9) of that section, by the substitution for the words " entry into such occupation ", of the Words" entry into such occupation or lets such premises or part thereof, within such period ". |
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Sri Lanka Consolidated Acts