43.
| (1) The purchaser of any land sold in pursuance of the preceding provisions of this Chapter shall, upon application made to the District Court of Colombo or the District Court having jurisdiction over the place where that land is situate and upon production of the certificate of sale issued in respect of that land under section 42, be entitled to obtain an order for delivery of possession of that land. |
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| (2) Every application under sub-section (1) shall be made, and shall be disposed of, by way of summary procedure in accordance with the provisions of Chapter XXIV of the Civil Procedure Code: and on all documents filed for the purpose of each such application and on all proceedings held thereupon, stamp duties and. other charges shall be payable at the respective rates at which such duties and. charges are payable under any written law for the time being in force on applications for, and proceedings connected with or 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 land to which such application relates. |
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| (3) Where any land sold in pursuance of the preceding provisions of this Chapter is in the occupancy of the debtor or of some person on his behalf or of some person claiming under a title created by the debtor subsequently to the mortgage of the land to the appropriate authority, the District Court shall order delivery of possession of that land to be made to the purchaser by putting the purchaser, or any person whom he may appoint to receive possession on his behalf, in possession of that land. |
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| (4) Where any land sold in pursuance of the preceding provisions of this Chapter is in the occupancy of a tenant or other person entitled to occupy it, the District Court shall order delivery of possession of that land to be made to the purchaser by affixing a notice of the sale having taken place, in the Sinhala, Tamil and English languages, in some conspicuous place on that land, and proclaiming to the occupant by beat of tom-tom, or in such other mode as may be customary, at some convenient place, that the interest of the debtor 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 sub-section (3) or sub-section (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 debtor and the purchaser being deemed, for the purpose of the application of any provision of that Code, to be the judgment-debtor and the judgment-creditor, respectively. |
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Sri Lanka Consolidated Acts