12. of section 22
Feedback & supportOfficial English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Section 22 of the principal enactment, as amended by
Law No. 10 of 1977, is hereby further amended as follows :—
by the addition immediately after subsection (1p)
of that section of the following new subsection :—
“ (iz) In any proceedings under subsection (ic)
the court shall not inquire into the adequacy or the suitability of the alternate accommodation offered by the Commissioner of National Housing.”;
in subsection (2) of that section, by the insertion, immediately after paragraph (b) of that sub-section, of the following new paragraph
:—
“ (bb) in the case of premises let to a tenant, whether before or after the date of commencement of this Act, and where the landiord is the owner of not more than one residential premises—
such premises are in the opinion of the court reasonably required for occupa-tion as a residence for the landlord or any member of the family of the landlord
; or
the landlord of such premises has deposited prior to the institution of such action or proceedings a sum equivalent to five years’ rent with the
Commissioner of National Housing for payment to the tenant; or” ;
48) by the insertion, immediately after subsection (2) of that section, of the following new subsections :-—
“ (2a) Where a decree for the ejectment of the tenant of any premises referred to in paragraph (bb) of subsection (2) is entered by any court on any of the grounds referred to in that paragraph, the court shall forthwith issue a writ in execution of the decree to the Fiscal of the court requiring and authorizing him to deliver vacant possession
|
of the premises to the landlord of such premises.
Notwithstanding anything in any other i law, where a writ in execution of a decree for the
‘
ejectment of the tenant of any premises referred to in paragraph (bb) of subsection (2) is issued by any court, the execution of such writ shall not be stayed in any manner by reason of any appeal from the judgment of such court.
Where any action or proceedings for the ejectment of the tenant of any premises referred to in paragraph (bb) of subsection (2)
is or are instituted in any court, such action or proceednigs shall have priority over all other business of that court and shall in any event be disposed of within twelve months from the date of the institution of such action or proceedings. ” ;
‘) in subsection (6) of that section, by the substitution for the proviso thereto, of the following proviso :-~
“Provided that the landlord of any premises referred to in paragraph (bb) of subsection (1) or paragraph (bb) of subsection (2) may institute an action or proceedings for the ejectment of the tenant of such premises if such landlore has given to such tenant six months’ notice in writing of the termination of the tenancy. ” ;
by the repeal of subsection (7) of that section and the substitution therefor of the following subsec-tion :—
‘ (7) Notwithstanding anything in the preceding provisions of this section, no action or proceedings for the ejectment of the tenant of any premises referred to in subsection (1) or subsection (2) (i)
shall be instituted—
on the ground that the premises are reasonably required for occupation as a residence for the landlord or any member of the family of the landlord or for the purposes of the trade, business, profession, vocation or employment of the landlord ; or
where the landlord is the owner of not more than one residential premises, on the ground that—
such premises are reasonably required for occupation as a residence for the landlord or for any member of the family of the landlord ; or
the landlord of such premises has deposit-ed prior to the institution of such action or proceedings a sum equivalent to five years’ rent with the Commissioner of
National Housing for payment to the tenant, where the ownership of such premises was acquired by the landlord, on a date subse-quent to the specified date, by purchase or by inheritance or gift other than inheritance or gift from a parent or spouse who had acquired ownership of such premises on a date prior to the specified date :
Provided, however, that the preceding provisions of this subsection shall not apply to the institution of any action or proceedings for the ejectment of the tenant of any premi-ses the annual value of which exceeds one hundred and fifty per centum of the relevant amount where such tenant had come into occupation thereof prior to the date of commencement of this Act.
In this subsection, “specified date? means the date on which the tenant for the time being of the premises, or the tenant upon whose death the tenant for the time being succeeded to the tenancy under section 36 of this Act or section 18 of the Rent Restriction
Act (Chapter 274), came into occupation of the premises. ’ ;
by the repeal of subsection (8) of that section and the substitution therefor of the following sub-section :—
“ (8) Where a decree for the ejectment of the tenant of any premises is entered by any court on the ground that the court is of opinion—
that the premises are reasonably required for occupation as a residence for the landlord or any member of his family or for the purposes of the trade, business, profession, vocation, or employment of the landlord; or
that in the case of premises where the landlord is the owner of not more than one residential premises—-
the premises are reasonably required for occupation as a residence for the land-lord or any member of the family of the landlord
; or
the landlord of the premises had deposi-ted a sum equivalent to five years’ rent where the standard rent thereof for a month ea:eeds one hundred rupees, with the Commissioner of National
Housing for payment to the tenant, the court shall in such decree direct that no person, other than the landlord or some member of his family whose name shall be specified in the decree, shall enter into occupation of the premises upon vacation thereof by the tenant or upon the ejectment there-from of the tenant.” ; and
in subsection (9) of that section, by the substitution for the words “entry into such occupation ”, of the words “entry into such occupation or lets such pre-
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mises or part thereof, within such period ”.