Sri Lanka Consolidated Acts

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Rehabilitation Of Persons, Properties And Industries Authority Act (No. 29 of 1987) - Sect 12

Proceedings relating to the sale of affected property after the relevant date

12.
(1) Any person who sold any affected property after the relevant date but before December 31, 1983 may, within a period of two months after the appointed date institute an action in the District Court having jurisdiction over the area in which such property is situated for an order setting aside such sale or for the recovery of the difference, if any, between the price at which such property was sold and the market value of such property.
(2) Where any action is instituted under subsection (1), the Court" may, if it is satisfied that the property in respect of which such action is instituted was sold at a price which is less than the market value of such property, make order setting aside such sale and restoring possession of such property to the person who was in possession thereof on the day immediately preceding the relevant date or requiring the payment of the difference between the sale price and the market price. Where the Court makes an order setting aside a sale it shall also order the repayment of the sale price.
(3) A certificate under the hand of the Chairman to the effect that the immovable property specified in such certificate is or is not affected property shall be admissible in evidence in any legal proceedings instituted under 'Section 10, or under subsection (1) of this section and shall "be prima facie proof of the facts stated therein.
(4) In this section" market value" in relation to any affected property means the price which such property would have fetched if sold in the open market on the day immediately preceding the relevant date, less such amount as is, in the opinion of the Court necessary to restore such property to its condition on the day immediately preceding the relevant date.


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