Sri Lanka Consolidated Acts

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National Housing Development Authority Act (No. 17 of 1979) - Sect 64

Application the court for recovery of possession and service of order nisi

64.
(1) In any case where the occupier of any building to which this Part applies fails to comply with the provisions of subsection (1) of section 63, it shall be lawful for the landlord to file, in the Magistrate's Court of the division in which the building is situated, an application praying for the recovery of possession of the building, end for the ejectment from the land or premises on which the building is situated of the occupier, his dependants and every other person occupying such land or premises or any portion thereof ; and every such application shall be supported by an affidavit setting forth the time and manner of the termination of the occupation of the occupier.
(2) On receipt of an application under subsection (1), the court shall cause to be served on the occupier a copy of the application and affidavit and an order nisi requiring him
(a) to appear on a date specified in such order, being a date not later than two calendar months after the date of service of the order ; and
(b) to show cause why he should not deliver possession of the building as required by section 63 and depart from the land or premises on which it is situated, together with his dependants and every other person occupying such land or premises or any portion thereof.
(3) An order nisi under subsection (2) shall be deemed have been served on the occupier if it is delivered to him by the Fiscal or by any person authorized by the Fiscal, or where it cannot be so delivered, if it is pasted by the Fiscal, or person authorized as aforesaid on some conspicuous part of the building to which the order relates.


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