22.
| (1) Notwithstanding anything in any other law, no action or proceedings for the ejectment of the tenant of any premises the standard rent (determined under section 4) of which for a month does not exceed one hundred rupees shall be instituted in or entertained by any court, unless where-
| | (a) the rent of such premises has been in arrear. for three months or more after it has become due; or | | |
| | (b) such premises, being premises which have been let to the tenant on or after the date of commencement of this Act, 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 for purposes of the trade, business, profession, vocation or employment of the landlord; or | | |
| | (c) such premises were let to the tenant for use as a residence by reason of his being in the service or employment of the landlord and the tenant has ceased to be in such service or employment; or | | |
| | (d) the tenant or any person residing or lodging with him or being his subtenant has, in the opinion of the court, been guilty of conduct which is a nuisance to adjoining occupiers or has been convicted of using the premises for an immoral or illegal purpose, or the condition of the premises has, in the opinion of the court, deteriorated owing to acts committed by or to the neglect or default of the tenant or any such person. | | |
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| (2) Notwithstanding anything in any other law, no action or proceedings for the ejectment of the tenant of-
| | (i) any residential premises the standard rent (determined under section 4) of which for a month exceeds one hundred rupees; or | | |
| | (ii) any business premises the standard rent (determined under section 4) of which for a month exceeds one hundred rupees and the annual value of which does not exceed the relevant amount, | | |
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| (3)The landlord of any premises referred to in subsection (1) or sub-section (2) shall not be entitled to institute, or as the case may be, to proceed with, any action or proceedings for the ejectment of the tenant of such premises on the ground that the rent of such premises has been in arrear for three months or more, or for one month, as the case may be, after it has become due,-
| | (a) if the landlord has not given the tenant three months, notice of the termination of tenancy if it is on the first occasion on which the rent has been in arrear, two months' notice of the termination of tenancy if it is on the second occasion on which the rent has been in arrear and one month's notice of the termination of tenancy if it is on the third or any subsequent occasion on which the rent has been in arrear; or | | |
| | (b) if the tenant has prior to the institution of such action or proceedings tendered to the land-lord all arrears of rent; or | | |
| | (c) if the tenant has, on or before the date fixed, in such summons as is served on him, as the date on which he shall appear in court in respect of such action or proceedings, tendered to the landlord all arrears of rent. | | |
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| (4) The court may, where a tenant tenders to the landlord the arrears of rent after the institution of the action or proceedings and on or before the date mentioned in paragraph (c) of sub-section (3), impose on such tenant a fine of such amount as may be determined by the court, if, in the opinion of the court, there was no sufficient cause for the delay in the payment of the rent. |
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| (5) Where any action or proceedings for the ejectment of the tenant of any premises referred to in sub-section (1) or sub-section (2) is or are instituted on the ground that the rent has been in arrear for three months or more, or for one month, as the case may be, after it has become due, the court may, on being satisfied that the rent has been in arrear on account of the tenant's illness or unemployment or other sufficient cause, make order that a writ for the ejectment of the tenant from those premises shall not issue if the tenant pays to the court the arrears of rent either in a lump sum on such date or in instalments on such dates, as may be specified in the order; and if the tenant pays to the court the arrears of rent on such date or dates, his tenancy of those premises shall, notwithstanding its termination by the landlord of those premises, be deemed not to have been terminated. |
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| (6) Notwithstanding anything in any other law, the landlord of any premises referred to in sub-section (1) or sub-section (2) shall not be entitled to institute any action or proceedings for the ejectment of the tenant of such premises on the ground that such premises are required for occupation as a residence for himself or any member of his family, or for the purposes of his trade, business, profession, vocation or employment, if the landlord has not given to the tenant of such premises one year's notice in writing of the termination of the tenancy. |
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| (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 sub-section (1) or sub-section (2) (i) shall be instituted on the ground that such 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, where the ownership of such premises was acquired by the landlord, on a date subsequent to the specified date, by purchase or by inheritance or gift other than inheritance or gift from a parent or spouse who had acquired ownership of such premises on a date prior to the specified date: |
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| (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 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, the court shall in such decree direct that no person, other than the landlord or some member of his family whose name shall be specified in the decree, shall enter into occupation of the premises upon vacation thereof by the tenant or upon the ejectment therefrom of the tenant. |
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| (9) Where, in any case to which sub-section (8) applies, the landlord or other person whose name is specified in the decree, without reasonable cause, does not enter into occupation of the premises before the expiration of a period of three months after the date of the vacation thereof by the tenant or of his ejectment therefrom, or having thus entered into occupation of the premises, vacates them without reasonable cause within three years of the entry into such occupation, the tenant (hereinafter referred to as "the former tenant ") may, at any time within fourteen days after the expiration of the said period of three months, or, as the case may be, at any time within fourteen days after the vacation of the premises by the landlord or the said other person, make application to the court for an order restoring him into possession of the premises. The landlord shall be named respondent to such application. |
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| (10) Notice of any application made by the former tenant under sub-section (9) shall be served on the person, if any, for the time being in occupation of the premises; and where notice is so served-
| | (a) such person may, if he applies in that behalf to the court within fourteen days of the date of service on him of such notice, be added as a party to the proceedings upon the application; and | | |
| | (b) such person shall, whether or not he is so added as a party, be bound by any order made under sub-section (11). | | |
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| (11) Where the court is satisfied upon application made by the former tenant under sub-section (9) that the landlord or other person whose name is specified in the decree, without reasonable cause, did not enter into occupation of the premises before the expiration of the period of three months after the date of the vacation of the premises by the former tenant or his ejectment therefrom, or, having thus entered into occupation of the premises, has vacated them without reasonable cause within three years of the entry into such occupation, the court may make order for the delivery of possession of the premises to the former tenant, and may, if necessary, by the same or subsequent order, direct the ejectment from the premises of the landlord or any person claiming by, through or under him: |
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| (12) Every order made under sub-section (11) and every order dismissing an application made by the former tenant under sub-section (9) shall be subject to an appeal to the Supreme Court; and the provisions of the Civil Procedure Code shall apply in relation to any such appeal in like manner as though it were an appeal preferred against an order made by the court in the exercise of its ordinary jurisdiction. |
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| (13) An order made under sub-section (11) may be enforced in like manner as an order or decree falling under Head (C) of section 217 of the Civil Procedure Code. |
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| (14) Where there is more than one landlord of any premises, the expression " the landlord " shall, with reference to such premises, be construed, for the purposes of this section, to mean all or any one or more of such landlords. |
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| (15) Where, in any case to which sub-section (8) applies, the landlord or other person whose name is specified in the decree, having entered into occupation of the premises vacates them without reasonable cause within three years of the entry into such occupation, such landlord or person shall be guilty of an offence under this Act. |
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| (16) In sub-sections (9) to (13), " court " means the court in which the action for the ejectment of the former tenant was instituted. |
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Sri Lanka Consolidated Acts