Appuwa v. Assistant Commissioner of Agrarian Services
Present: Abeyesundere, J.APPUWA, Appellant, and ASSISTANT COMMISSIONEROF AGRARIAN SERVICES, Respondent3. C. 459163—M. G. Kegalle, 44842
Paddy Lands Act, No. 1 of 1958—Section 21 (2)—Procedure in eviction thereunder—Failure of tenant to be present in Court on due date—Power of Court to excusedefault.
An order of eviction was made against the appellant when be failed to bepresent in Court on the date when he was required to show cause, under section21 (1) of the Paddy Lands Act, why he should not be evicted from a paddyland. When, on a later date, he sought to have the order vacated on theground that his absence was due to illness, the Magistrate refused theapplication, stating that he bad no power to vacate bis order.
Held, that as the appellant’s absence was due to illness, his default shouldbe excused.
214 ABEYESUNDERE, J.—Appuwa v. Assistant Commissioner of Agrarian
Appeal from an order of the Magistrate’s Court, Kegalle.
U.G. B. Ratnayalce, for the respondent-appellant.
N. B. D. S. Wijesekere, Crown Counsel, for the Attorney-General.
September 6, 1963. Abeyesttndebe, J.—
The appellant was absent on the day he was required by the Magistrateof Kegalle to show cause why he should not be evicted from the paddyland described in the report under section 21 (1) of the Paddy Lands Act,No. 1 of 1958, presented to the Magistrate’s Court of Kegalle by theAssistant Commissioner of Agrarian Services of the Kegalle District.The Magistrate made order allowing the application contained in suchreport for an order of eviction of the appellant from such paddy land.
On a later date the appellant filed an affidavit together with a medicalcertificate stating that his absence was due to illness and praying that theCourt be pleased to vacate the order made in regard to the aforesaidreport. The Magistrate stated that he had no power to vacate his order.
As the appellant’s absence was due to illness, his default should beexcused. I set aside the order made by the Magistrate on February 6,1963, and direct that the appellant be given a further opportunity toshow cause why he should not be evicted from the aforesaid paddy land.
Order set aside.
APPUWA, Appellant, and ASSISTANT COMMISSIONER OF AGRARIAN SERVICES, Respondent