Chandrasena v. Leela Nona and Others – sllr 1997 volume 3 page 373

Brief
In the case between the 2nd petitioner-appellant (among others) and the 2nd respondent-respondent regarding property possession, the court addressed the interpretation and application of sections 59 and 60 of the State Mortgage & Investment Bank Law No. 13 of 1975, focusing on whether a purchaser holding a Certificate of Sale may use summary procedure to eject not only specified classes (debtors and tenants) but also those characterized as trespassers. It was held that the statutory scheme is intended to facilitate prompt and effective recovery of possession for the purchaser, and that a restrictive reading excluding trespassers would undermine this legislative purpose. The principle reaffirmed is that the Certificate of Sale entitles the purchaser to recover possession summarily aga

REF: sllr 1997 volume 3 page 373 Category: Tag:
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