23.
| (1) Where any residential premises are purchased by the tenant of such premises with moneys partly or wholly provided by a prescribed State institution on a mortgage of such premises created in favour of such institution, and where, consequent on such tenant defaulting in the payment of the moneys due upon such mortgage, such premises are sold to any person (hereinafter in this section referred to as " the landlord ") the occupier for the time being of such premises, whether he be such tenant or any other person, shall not be entitled, notwithstanding anything in any other law, to occupy such premises after the expiry of a period of six months from the date of such sale and accordingly the occupier shall forthwith on the expiry of such period together with his dependants and subtenants, if any, vacate the premises and deliver possession thereof to the landlord, if he had not done so earlier. |
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| (2) In any case where the occupier of any residential premises referred to in sub-section (1) fails to comply with the provisions of sub-section (1), it shall be lawful for the landlord to file, in the Court of Requests of the division in which the premises are situated, an application praying for the recovery of possession of the premises, and for the ejectment therefrom of the occupier and his dependants and subtenants, if any. |
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| (3) On receipt of an application under sub-section (2), the court shall cause to be served on the occupier a copy of the application and a rule nisi requiring him-
| | (a) to appear on a date specified in such rule, not being earlier than three, or later than seven, clear days after the date of the service of the rule; and | | |
| | (b) to show cause why he should not deliver possession of the premises as required by subsection (1). | | |
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| (4) A rule nisi under sub-section (3) shall be deemed to have been duly served on the occupier if it is delivered to him by the Fiscal or any other person authorized by the Fiscal, or where it cannot be so delivered, if it is posted by the Fiscal, or the person authorized as aforesaid, on some conspicuous part of the premises to which the rule relates. |
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| (5) If any occupier upon whom a rule nisi is served under this section appears before the court on the date specified in the rule and, by affidavit or by statement on oath or affirmation, raises any defence, which in the Opinion of the court necessitates an adjournment of the hearing the court shall immediately settle and record the issue or issues raised and shall, having regard to the circumstances of the case, appoint a date not later than seven days from the date on which the occupier appeared before the court for the hearing of evidence; and in such case the chief clerk of the court shall thereupon issue a summons to every such witness as may be required by the parties commanding his attendance at the time and place specified in the summons. |
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| (6) Where any date is appointed under sub-section (5) for the hearing of any case, the hearing shall not be adjourned for any later date-
| | (a) unless all the parties to the case consent to such adjournment; or | | |
| | (b) unless the court is satisfied, upon evidence furnished on oath or affirmation or by affidavit, that such adjournment is necessary by reason of the absence otherwise than by collusion, of a witness who knows and is able to prove facts material to the case. | | |
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| (7) On the date appointed under sub-section (5) for the hearing of the case or on such other date, if any, to which such hearing may be adjourned under subsection (6), the court shall hear and determine the issues raised and give judgment thereon, notwithstanding anything to the contrary in any other written law. |
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| (8) If any occupier upon whom rule nisi has been served under this section, does not appear on the date specified in such rule or on such other date, if any, to which the hearing may be adjourned under this section or, having appeared, fails to show good and valid cause why he should not deliver possession as required by sub-section (1) of the premises specified in the rule, the rule nisi shall be made absolute ; and the court shall forthwith issue, and if need be reissue, a writ of possession to the Fiscal of the district requiring and authorizing him before a date specified in the writ, not being earlier than three, or later than seven, clear days from the date of the issue of such writ, to deliver possession of the premises to the landlord or to any other person appointed by the landlord for the purpose and to eject the occupier and his dependants and subtenants, if any, from the premises. Such writ shall be sufficient for the said Fiscal or any police officer authorized by him in that behalf to enter the premises with such assistants as the Fiscal or such officer shall deem necessary and to give possession accordingly and to eject the occupier and his dependants and subtenants, if any, from the premises. |
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| (9) Subject to the provisions of section 833A of the Civil Procedure Code, any person who is dissatisfied with any final judgment, or any order having the effect of" a final judgment, pronounced or made by a Court of Requests under this section may, before the expiry of a period of fourteen days (exclusive of Sundays and public holidays) from the date of such judgment or order, appeal to the Supreme Court against such judgment or order; and the provisions of any other written law relating to appeals to the Supreme Court from the judgments or orders of Courts of Requests shall apply in the case of any appeal preferred under the preceding provisions of this sub-section. |
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| (10) No action for the recovery of any premises referred to in sub-section (1) or for the ejectment of the occupier from such premises shall be taken except under the provisions of this section. |
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| (11) Nothing in any other provisions of this Act shall apply to or restrict the institution or maintenance of any proceedings under this section in respect of any premises referred to in sub-section (1). |
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| (12) The provisions of this section shall, mutatis mutandis, apply in the case of premises which were constructed with moneys partly or wholly provided by a prescribed State institution on a mortgage of such premises created in favour of such institution, and which in the opinion of such institution, were constructed for residential purposes. |
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| (13) In this section, " prescribed " means prescribed by the Minister by Notification published in the Gazette. |
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Sri Lanka Consolidated Acts