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Part IV · Procedure After Granting Leave to Appear and Show Cause

19. Award of compensation

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

Where, after entering a decree nisi -

(a)

it appears to the Court that such decree nisi was obtained by wilful suppression or non-disclosure of any material facts; and

(b)

the decree nisi was discharged and the action was dismissed on the grounds of such wilful suppression or non-disclosure of material facts, the Court may in the same action, on the application filed by the defendant against whom the decree nisi was entered, award compensation and costs for the expenses or injury caused to such defendant, in such sum as the Court deems reasonable, to be paid by the plaintiff.

(2)

An award made under subsection (1) shall operate as a bar to any action for compensation in any subsequent proceeding under this Act.

(3)

Notwithstanding the dismissal of any action instituted under this Act, where an application is made for compensation under subsection (1) in respect of a decree nisi entered in such action, the action so dismissed shall be deemed to continue until the determination of such application.

14 Recovery of Possession of Premises Given on Lease

Act, No. 1 of 2023

Part V

Procedure After Making the Decree Nisi Absolute

Part VI

Appeals

Part VII

Miscellaneous Provisions

Part VIII

General Provisions

Schedules