Skip to content
srilawsby aturio
As enacted
Contents

Part VIII · General Provisions

38. Interpretation

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

In this Act, unless the context otherwise requires-

“Appeal Court” means any court exercising civil appellate, revisionary or restitutio in integrum jurisdiction over orders or judgments of the

District Court;

“Civil Procedure Code” means the Civil Procedure

Code (Chapter 101);

“Court” means the District Court having jurisdiction;

“lease agreement” means any agreement involving the lessor of a premises and a lessee duly executed in terms of section 2 of the Prevention of Frauds Ordinance (Chapter 70) or an instrument of lease duly executed under the provisions of the Registration of Title Act, No.

21 of 1998, for which the stamp duty has been duly paid;

“legal interest” means interest calculated at the rate as determined and published by the Monetary

Board under subsection (2) of section 192 of the Civil Procedure Code;

“lessee” means a person who acquires possession of a premises by way of an instrument duly executed before a notary public for the time being in force, and in the event of his death, includes his heirs, executor, administrator or legal representative;

24 Recovery of Possession of Premises Given on Lease

Act, No. 1 of 2023

“lessor” means a person who transfers possession of a premises by way of an instrument duly executed before a notary public for the time being in force, and in the event of his death, includes his heirs, executor, administrator or legal representative;

“Minister” means the Minister assigned the subject of Justice;

“other person on his behalf” includes any agent of the defendant who is in charge of the premises which is the subject matter of the action;

“possession” includes being in physical occupation of the premises or having retained the keys of the premises;

“premises” means any building or part of a building together with the land appertaining thereto and includes a bare land without a building or a part of a multi-storied building;

“private process server” means a person employed by an Attorney-at-law or any institution, and who is registered as a private process server by the Fiscal of the Court under any written law;

“process officer” means-

(a)

the Fiscal assigned by the Court within the local limits of whose jurisdiction the decree nisi is to be served;

(b)

any other officer specially authorized in special circumstances by the Court to serve the decree nisi;

(c)

Grama Niladhari; or

(d)

a private process server;

“public officer” shall have the same meaning as in

Article 170 of the Constitution; and

“service charge” means any service charge or management fee payable by the owner of a condominium unit to the Management

Corporation established in relation to such condominium property under the Apartment

Ownership Law, No. 11 of 1973 or any service charge or management fee payable by the owner of a property to a management company or society where such property is situated within any property complex managed by such company or society and where such service charge is payable by the lessee under the relevant agreement between the lessor and the lessee.

Read on from s 39

Schedules