Peter Atapattu and Others v. People’S Bank and Others – sllr 1995 volume 2 page 352

The case between Peter Atapattu and others and People’s Bank and others addressed the issue of whether substitution of applicants is permitted under Section 71(2) of the Finance and Ceylon State Mortgage Bank (Amendment) Law, No. 16 of 1973, in circumstances where the original co-owners die during the pendency of a redemption application. It was held that no provision authorizes such substitution, reaffirming the principle that statutory requirements relating to redemption procedures are to be strictly construed. Reliance was placed on the statutory language and judicial precedent, emphasizing that the rights under the redemption scheme are personal and non-transferable, and that the Bank’s decision to refuse substitution was valid within the statutory framework.

Ismail J. — The undisput

REF: sllr 1995 volume 2 page 352 Category: Tag:
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