Nizam v. National Development Bank – sllr 2005 volume 3 page 097

In Nizam (Plaintiff) vs. National Development Bank (Defendant), the court examined whether a purported true copy of a certificate of sale, with certain irregularities, met the statutory requirements under Section 51(1) of the National Development Bank of Sri Lanka Act, No. 2 of 1979, for an order of delivery of vacant possession following a public auction sale. The sequence of events included the bank’s application for recovery of possession after purchasing property at auction, the objection to the validity of the certificate due to the failure to produce the original, and the District Court’s initial grant of an order nisi in favor of the bank. Upon revision, it was established that the production of the original certificate of sale is a legal necessity, and that irregularities in the pu