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Contents

Part I · Institution of Action

5. Entering a decree nisi by the Court

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

(1)

When the action is supported in Court for the issuance of a decree nisi in terms of section 4, if it appears to the Court that –

(a)

the lease agreement produced –

(i)

is properly executed and the stamp fees are duly paid as required by law; and

(ii)

is not open to suspicion by reason of any alteration, erasure or interpolation in the lease agreement unless such alteration, erasure or interpolation has been made before the signing by the executing parties as stated in the attestation by notary public, as the case may be; and

(b)

the contents of the affidavit filed is satisfactory to prove, prima facie, the case on the part of the plaintiff, the Court shall enter a decree nisi in the form set out in the

First Schedule to recover the possession of the premises described in the plaint, together with any of the reliefs specified in subsection (2).

(2)

The relief referred to in subsection (1) shall be as follows:-

(a)

the arears of lease rentals;

(b)

service charges, if any, until the plaintiff is restored to vacant possession of the premises;

(c)

liquidated damages, if any, from the expiry of the lease agreement or effective date of the termination of the lease agreement until the date of restoration of the plaintiff to the vacant possession of the premises;

(d)

interest on arrears of lease rentals, service charges and liquidated damages at the rate of legal interest; or

(e)

such costs as the Court may allow together with such other reliefs prayed for by the plaintiff as the

Court may seem meet.

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

General Provisions

Schedules