Recovery of Possession of Premises Given on Lease Act 2023 · As enacted · Part I · Institution of Action
4. Documents to be filed
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
The lessor (hereinafter referred to as the “plaintiff”)
shall institute an action by presenting a plaint in the form specified in the Civil Procedure Code and shall file with such plaint-
an affidavit to the effect that the possession of the premises given on lease which is the subject matter of the action (hereinafter referred to as the
“premises”) is lawfully due to the plaintiff from the lessee (hereinafter referred to as the “defendant”);
a draft decree nisi together with the applicable stamps as required by law, for the decree nisi and service thereof; and
such number of copies of the plaint, affidavit and lease agreement, together with any document relied on by the lessor, as is equal to the number of defendants in the action, if there are more than one defendant.
The affidavit to be filed by the plaintiff under subsection (1) shall be made by the plaintiff himself or by a person duly authorized by law to make such affidavit on behalf of the plaintiff.
If the action is instituted by the plaintiff on the ground referred to in paragraph (b) of section 3, the plaintiff shall plead such facts and prima facie establish the breach committed by the defendant and shall also adduce proof of the early termination.
In any action instituted under subsection (1), the Court shall permit the plaintiff to support the same within seven days from the institution of the action for issuance of a decree nisi.
Part II
Service of Decree Nisi
Part III
Defendant to Make an Application to Appear and Show Cause
Part IV
Procedure After Granting Leave to Appear and Show Cause
Part V
Procedure After Making the Decree Nisi Absolute
Part VI
Appeals
Part VII
Miscellaneous Provisions
Part VIII