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As enacted
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Part V · Procedure After Making the Decree Nisi Absolute

23. Resistance deemed to be contempt

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

(1)

If the Fiscal is resisted or obstructed by any person while executing a writ referred to in section 22, the Fiscal shall, within fourteen days of the resistance or obstruction, report such resistance or obstruction to the Court and the

Court shall thereupon issue a notice against the person resisting or obstructing requiring him to show cause as to why he should not be dealt with for contempt of Court occasioned by such resistance or obstruction.

16 Recovery of Possession of Premises Given on Lease

Act, No. 1 of 2023

(2)

(a)

Any person resisting or obstructing the Fiscal while executing a writ under this Act commits contempt of Court, unless-

(i)

such person, not being the judgment debtor, proves to the satisfaction of Court that the resistance or obstruction has been occasioned by such person claiming in good faith to be in possession of the whole of such premises on his own account or on account of some person other than the judgment debtor, by virtue of any right or interest; or

(ii)

the claim notified is found by the Court to have been made by a person claiming to be in possession of the whole of such premises on his own account or on account of some person other than the judgment debtor, by virtue of any right or interest.

(b)

Any person who commits contempt of court under paragraph (a) shall be liable to a fine not exceeding rupees five hundred thousand or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

(3)

The provisions of section 303 of the Code of Criminal

Procedure Act, No. 15 of 1979 shall not be applicable in respect of an offender on whom a sentence of imprisonment is imposed under subsection (2).

(4)

In addition to imposing punishment on the convicted person under subsection (2), the Court shall order the Fiscal to place the plaintiff judgment creditor in vacant and peaceful possession of the relevant premises.

Read on from s 24

Part VI

Appeals

Read on from Part VI

Part VII

Miscellaneous Provisions

Read on from Part VII

Part VIII

General Provisions

Read on from Part VIII

Schedules