Debt Conciliation (Amendment) Act 1999 · As enacted
4. Amendment of section 21A of the principal enactment
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Section 21A of the principal enactment is hereby amended as follows :-
by the renumbering of that section as subsection (1) of that section (2) in the renumbered subsection (1) of that section -
by the repeal of all the words from “In any proceeding under this Ordinance” to “ the following matters :-” and the substitution therefor of the following :-
“In any proceedings under this Ordinance in regard to an application relating to a transfer or conditional transfer of immovable property, the
Board shall, notwithstanding anything to the contrary in section 2 of the Prevention of Frauds
Ordinance (Chapter 70), or sections 91 and 92 of the Evidence Ordinance (Chapter 14) and for the purpose of deciding whether or not such transfer or conditional transfer is in reality a mortgage, take into consideration all the circumstances of the case and in particular the following matters :- ”;
in paragraph (d) of that subsection by the substitution for the words “a legally enforceable agreement” of the words “any agreement in whatever form ; and
by the addition of the end of that section of the following new subsection :-
“(2) The burden of adducing evidence to show that a transfer of immovable property is in reality a mortgage shall be on the transferor”.