16.
| (1) The purchaser of any immovable property sold in pursuance of the preceding provisions of this Act shall, upon application made to the District Court of Colombo or the District Court having jurisdiction over the place where that property is situate, And upon production of the certificate of sale issued in respect of that property under section 15, be, entitled to obtain 31 order for delivery of possession of the that property |
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| (2) Every application under subsection (1) shall be made and shall be disposed of, by way summary procedure, in accordance with the. provisions of Chapter XXIV of the Civil Procedure code ; and on all documents filed the purpose of each such application and on all proceedings held thereupon, stamp duties and other charges shall be payable at the respective rates payable under any written law for the time being in force on applications for, and proceedings connected with, of incidental to, the execution of a decree of a District Court for the delivery of possession of any immovable property of the same value as the property to which such application relates. |
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| (3) Where the any immovable property sold in pursuance of the preceding provisions of this Act in the occupancy of the borrower or some person on this behalf or of some person claiming under a title created by the borrower subsequently to the mortgage of the property to the bank the District Court shall order delivery to be made by putting the purchaser or nay person whom he may appoint to receive possession on His behalf, in possession of the property. |
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| (4) Where any immovable property sold in pursuance of the preceding provisions of this Act is in the occupancy of tenant or other person entitle to occupy the same , the District Court shall order delivery to be made by affixing a notice that the sale has been taken place , in the Sinhala , Tamil and English languages, in some conspicuous place on the property, and proclaiming to the occupant by beat of tom or any other customary mode or in such manner as the court may direct, at some convenient place , that the interest of the borrower has been transferred to the purchaser The cost of such proclamation shall be fixed by the court and shall in every case be prepaid by the purchaser. |
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| (5) Every order under subsection (3) or subsection (4) shall be deemed, as the case may be, to be an order for delivery of possession made under section 287 or section 288 of the Civil procedure Code, and may be enforced in like manner as an order so made, the borrower and the purchaser being deemed, for the purpose of the application of any provisions of that Code, to be the judgment debtor and judgment creditor, respectively. |
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Sri Lanka Consolidated Acts