10. of section 326 of the principal enactment,
Feedback & supportOfficial English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Section 326 of the principal enactment is hereby amended, by the substitution, for subsection (1) thereof, of the following new subsection :—
On the hearing of the matter of the petition and the claim made, if any, the court, if satisfied—
that the resistance, obstruction, hindrance or ouster complained of was occasioned by the judgment-debtor or by some person at his instigation or on his behalf
;
that the resistance, obstruction, hindrance or ouster complained of was occasioned by a person other than the judgment-debtor, and that the claim of such person to be in possession of the property, whether on his own account or on account of some person other than the judgment-debtor, is frivolous or vexatious
; or
>
that the claim made, if any, has not been established,
"shall direct the judgment-creditor to be put into or restored to the pessession of the property and may, in the case specified in paragraph (a), in addition sentence the judgment-debtor or such other person to imprisonment for a period not exceeding thirty days.”.
il. Section 330 of the principal enactment is hereby repealed and the following new section substituted there-for :—
“How sub-
330.
Replacement of section 330 of the principal enactment
Any subsequent resistance or obstruc-sequen
.
.
.
:
obstruction tion to the execution of the writ or hindrance to be dealt
:
:
with, to the possession or ouster of the judgment-creditor within a year and a day of the delivery of possession—
by the judgment-debtor or any other respondent to the petition under section 325, or
{b) where a notice under subsection (2)
of section 325 has been duly published, by any person whoso-ever, shall be punishable as a centempt of court.”.
No. 53. of 1980