Sri Lanka Consolidated Acts

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Estates (Control Of Transfer And Acquisition) Act (No. 2 of 1972) - Sect 11

Prevention of or obstruction to taking possession of an estate for and on behalf of the Crown

11.
(1) Any person who-
(a) prevents, obstructs, or resists ; or
(b) directly or indirectly causes anyone to prevent, obstruct or resist,
(2) Where an authorized officer who is authorized to take possession of any estate for and on behalf of the Crown is unable, or apprehends that he will be unable, to take possession of such estate because of any obstruction or resistance that has been or is likely to be offered, he shall, on his making an application in that behalf to the Magistrate's Court having jurisdiction over the place where that estate or part thereof is situated, be entitled to an Order of the Court directing the Fiscal to deliver possession of that estate to him for and on behalf of the Crown.
(3) Where an Order under sub-section (2) is issued to the Fiscal by a Magistrate's Court, he shall forthwith execute that Order and shall in writing report to the Court the manner in which that Order was executed.
(4) Where an Order under sub-section (2) is issued to the Fiscal by a Magistrate's Court the execution of such Order shall not be stayed in any manner by reason of any step taken or proposed to be commenced in any Court with a view to questioning, varying or setting aside such Order.
(5) For the purpose of executing an Order issued by a Magistrate's Court under sub-section (2), the Fiscal or any person acting under his direction may use such force as may be necessary to enter the estate to which that Order relates and eject any person in occupation thereof, and to deliver possession of such estate to the person who is authorized to take possession thereof for and on behalf of the Crown.


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