Sri Lanka Consolidated Acts

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Local Authority Quarters (Recovery Of Possession) Law (No. 42 of 1978) - Sect 6

Effect of non-compliance with a quit notice or Minister's order on appeal

6.
(1) In any case where the occupier of any local authority quarters fails to comply with the provisions of paragraph (b) of section 5 in respect of any quit notice served on him relating to any such quarters, or any order made by the Minister under section 4 (3), the competent authority may make an application in the Form B set out in the Schedule to this Law, to the Magistrate's Court having jurisdiction over the area in which such quarters are situated-
(a) setting forth the following facts, namely-
(i) that he is a competent authority for the purposes of this Law;
(ii) that a quit notice was served on the occupier of such quarters;
(iii) the reason for the serving of such quit notice on the occupier; and
(iv) that such occupier has failed to comply with the provisions of paragraph (b) of section 5 in respect of such notice relating to such quarters, or the order made by the Minister under section 4 (3), as the case may be; and
(b) praying for the recovery of possession of such quarters and for the ejectment of such occupier and his dependants, if any, from such quarters.
(2) Every application under subsection (1) shall be supported by an affidavit in the Form C set out in the Schedule to this Law, verifying the facts set forth in such application, and shall also be accompanied by a copy of the quit notice.
(3) Every application supported by an affidavit and accompanied by a copy of the quit notice under the preceding provisions of this section is in this Law referred to as an " application for ejectment ".
(4) Every application for ejectment shall be conclusive evidence of the facts stated therein.
(5) A stamp duty shall not be payable for any application for ejectment.


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