Recovery of Possession of Premises Given on Lease Act 2023 · As enacted · Part VI · Appeals
25. Preferring appeals against an order of the Court
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
Any person aggrieved by-
an order making a decree nisi absolute by refusing an application made by the defendant on the grounds specified in paragraphs (b) and (c) of section 15;
an order under subsection (4) of section 16, making a decree nisi absolute on failure by the defendant to furnish security;
18 Recovery of Possession of Premises Given on Lease
Act, No. 1 of 2023
an order under subsection (5) of section 16
dismissing an application made by the defendant to have the decree absolute set aside; or
a final order made under subsection (3) of section 17 either discharging the decree nisi or making the decree nisi absolute, may prefer an appeal in terms of the provisions of subsection (1) of section 754 of the Civil Procedure Code.
Notwithstanding the preferring of any such appeal, the execution of writ of execution shall not be stayed.
Where the Appeal Court allows an appeal setting aside a decree absolute and where the writ has already been executed under section 22 of this Act, the Appeal Court shall enter a decree in favour of the appellant awarding damages in such sum as it may consider appropriate for the loss of premises for his occupation or business during the validity period of the lease and may, at its discretion, order restoration of the appellant to the vacant possession of the premises:
Provided however, the Appeal Court shall not order restoration of the appellant if the lease period for which the premises has been given to the appellant under the lease agreement has already expired as at the date of the judgment of the Appeal Court.
Where the Appeal Court makes an order to enter a decree nisi absolute, such decree shall be deemed to be a writ of execution duly issued to the Fiscal in terms of subsection (3) of section 225 and section 323 of the Civil
Procedure Code, but the execution of the same shall be stayed until the expiration of the period allowed by law to make an appropriate application to the Supreme Court.
Notwithstanding anything to the contrary in any other written law, the writ shall be executed after the period allowed by law for making an application to the Supreme
Court, unless the Supreme Court makes an express order staying the execution.
Part VII
Miscellaneous Provisions
Part VIII