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Part V · Procedure After Making the Decree Nisi Absolute

24. Change of possession or status quo of the premises by the defendant after institution of action

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

(1)

Subject to the provisions of subsection (2), a defendant or his legal representative shall not place in possession a third party in the premises in any manner whatsoever after the decree nisi entered in the action is served on such defendant or his legal representative, and such act shall amount to contempt of Court:

Provided however, if the action is dismissed or the decree nisi is discharged, this prohibition shall no longer be applicable.

(2)

It shall be the duty of the defendant or his legal representative to maintain the status quo of the premises in the same condition as it was at the time of service of the decree nisi and the defendant or his legal representative shall not change the status quo of the premises without an order of the Court.

(3)

Where the possession of any premises has been delivered to a third party either completely or partly in contravention of the provisions of subsection (1), such alienation shall be null and void and of no force or effect in law. Such third party and all those holding possession of the premises under him, shall be liable for ejectment from the premises, as in a writ of execution as a party bound by the decree, although such third party is not a party to the decree.

(4)

Notwithstanding anything to the contrary in any other written law, any person who is guilty of contempt of Court under subsection (1) shall be liable to a fine not exceeding rupees five hundred thousand or to an imprisonment for a term not exceeding two years or to both such fine and imprisonment.

(5)

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 (4).

Part VI

Appeals

Part VII

Miscellaneous Provisions

Part VIII

General Provisions

Schedules