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Questions and Answers

Can I go overseas having filed a case

Question: Whilst thanking you for your professional guidance I wish to seek your advice on the following matter. I inherited a land from my father. Before his death he had given permission to a person to occupy a small house therein on a deed of rent. Whilst living there he was looking after the property and when he died my father gave permission to this man's wife to continue to stay there. After a few years the daughter got an illegal deed written by an attorney for two acres of the land for prescriptive rights. I have filed action to get this family out of the land as they wrote an illegal deed. This case is pending. In the mean time, it has become necessary for me to leave the island to see my children and I will have to be away for about six months and I will not be able to appear in court when the case is being heard. Please suggest what I should do in this situation as I will have to miss at least two hearing days.

Ranjit Duminda - Galle

Answer: Yes, it is possible for you to visit your children overseas whilst this case filed by you is pending. You should consult your lawyer and it depends on at what stage the case is. If the trial has not been filed and if the case is at the stage of filing answers you will be able to go and get back before the trial is fixed. However, even if the trial has been fixed your lawyer may be agreeable to request court, for time. It is best that you consult your lawyer.

NIC with English translation

Question: I applied for a new Identity Card in January, 2009 with all necessary documents as I have lost my previous Identity card.

I made the application in English and requested them by covering letter to issue the Identity Card in both languages (that is in Sinhala and English)

Although I requested as above, my Identity card was issued only in the Sinhala language and it took nearly 10 months to reach me. Further I wish to inform that the occupation which I mentioned in my application as - Pensioner, Bank of Ceylon - was omitted and just they have mentioned - Pensioners.

I enclose herewith the photocopy of the new Identity card and the computer print out received from the Dept of Registrar of persons when I called on them to verify my NIC, as I have not received at the time of calling over there (where the particulars such as date of receipt of application and date of dispatch are embodied therein).

In view of above, kindly enlighten me whether I could obtain a fresh Identity card in both languages of my preference, with all relevant particulars which are acceptable. Your early response in this connection is very much appreciated.

M. A. H. M. Waffa - Thulhiriya

Answer: We contacted the Department of Registration of Persons and according to them no Identity Card will be issued in English. If the application is in English or Sinhala the NIC will be issued only in Sinhala language. However, if the application is in Tamil, the NIC will be in both Tamil and Sinhala Languages. As such you cannot get your NIC in English or Sinhala and English. As regards your occupation, if you provide proof, that is a letter from the Bank of Ceylon stating that you are a Pensioner of Bank of Ceylon the Department will accommodate your request. If you write to them or call over within two months of the date of issue of your NIC, they will be able to rectify your occupation. If over two months, you will have to make a fresh application for a NIC with this correction.

Recovery of rent advance

Question: Your kind assistance is sought to the under-mentioned problem and your answer is urgently needed by me.

On paying a sum of Rs. 180,000 I have signed an Agreement to occupy a house for a period of two years. I continued to pay the owner a monthly sum of Rs. 11,000. The owner set off Rs. 4000, each month from the advance held by him. At the end of two years which will be in December 2009 the owner will have a sum of Rs. 84,000 with him. If the owner does not refund the amount of Rs. 84,000 after two years, can I continue to occupy the house at the end of the two year period. Further, there is a clause in the Agreement that I should pay the owner Rs. 1,000 per day if I do not leave the house. In the agreement the owner has to refund the Rs. 84,000 at the end of the two year period failing what action I have to take. Please advice me on the matter as early as possible. I am 80 years old and I need your assistance in this matter.

C. D. F. Francis - Kalubowila

Answer: First of all you have not stated whether your rent agreement was executed by a lawyer in other words a "Notarial Lease". If so the agreement will be valid in a court of law and you have to adhere to the conditions of the agreement. In which case you cannot over stay and if you do the Rs. 1,000 per day will be applicable. On the other hand you have to demand your balance advance of Rs. 84,000 does not the agreement stipulate the refund of balance.

If the agreement is not a Notarial Lease, you may have to go to courts to get your refund. On the other hand the owner too will have to go to courts to get you ejected. As our advice is merely a guideline, we strongly suggest that you consult a lawyer by showing him the agreement.

Rights of private lane resident

Question: I live in a private lane off Vajira Road Colombo 5. Our lane has six houses and is 20 feet wide and after a right turn it is 15 feet wide at the end. The 15 foot lane leads to two houses.

1. What are the rights of the residents of a private road?

2. Can residents of the fourth house down the lane facing the 20ft lane and alongside the 15ft lane plant trees?

3. Where can each house owner park their cars?

4. Can heavy trees like Mango and Kohomba be planted along the private road?

S. Gunasekera, Bambalapitiya

Answer: Sorry we cannot publish the sketch provided by you. However, we have corrected your question in order to cover the description as per the sketch of the private lane.

1. We don't understand what you mean by rights of the residents of a private road but in relation to your other question, may we state that the residents have to be considerate of the rights of the other residents down the lane. Such as to respect their right of way and not to place any obstruction.

2. Residents of any of these six houses cannot plant trees outside their own compound, certainly not along the lane. Small flower plants may be okay as long as it does not obstruct the right of way or inconvenience the other users of the lanes.

3. Each house owner must park their cars inside their own compound or on the main road as parking on the 20ft or 15ft lane will obstruct others living down the lane to drive their vehicles.

4. Certainly no heavy trees can be planted if they interfere with the free movement of other residents or cause inconvenience to others. You can take up such matters through the Grama Niladari or the Police if discussion or persuation does not solve the problem.

Pension stoppage on change of address

Question: I am a retired principal who is in receipt of a monthly pension. Three months ago I moved from my residence in Battaramulla to Narahenpita, Colombo 05. Consequent to the change of residence, I formally informed the Divisional Secretary - Sri Jayawardanapura. When I called over at his office, I was informed that my file will be transferred to the Thimbirigasyaya Divisional Secretary's Office. Since I have not received my pension since August 2009, and there was no response to my letters I personally called over at the Pensions' Department at the Thimbirigasyaya Divisional Secretariat, to inquire as to the Non Payment of my pension since August 2009. I was then advised to

A) Change my Bank Account from a Battaramulla Bank to a Bank in Colombo 05.

B) Get a letter from the Gramaniladariya to conform change of residence.

While I have complied with (A) Above

The Grama Niladari when contacted stated that my name is not in the Electoral Register of the previous residence, and that he cannot give a certificate. The Divisional Secretariat's office rigidly insist on this certificate and consequently I cannot get my monthly pensions, please advise if there any way I can prove that I am at the present address to obtain my monthly pension.

Mrs J. C. Randeniya - Colombo 5

Answer: We spoke to the officers of the Divisional Secretary's office as well as the Pensions Department. They insist that a letter from the Grama Niladhari is necessary to confirm your residence now in Thimbirigasyaya due to the numerous frauds regarding pensions being drawn in the name of deceased persons.

You should be able to convince the Grama Niladhari by providing proof such as a letter from the Bank and utility bills if any in your name at your new residence. Alternatively, you may request the Grama Niladhari for a form called the householders list issued by the Department of Elections and fill it, if not already done.

Since your name is not in the Electoral Register if you complete a householders list signed by the Chief Occupant, that should suffice.

If you still have a problem with the Grama Niladhari you may contact the Divisional Secretary, Thimbirigasyaya on his direct line No. 2369575.

Original version 'Namo Namo Matha'

Question: During my leisure time at my residence, I like to listen to organ music.

Being a great admirer of the late music maestro Sunil Shatha, I always play the original track recorded by him i.e. 'Namo Namo Matha'.

I was recently told that this may constitute an offence pertaining to the Government version of the National Anthem, and that I should instead play the revised version, thus "Sri Lanka Matha' in keeping with the state law. But I insist that I am playing the organ music at my residence only (Not in public or at any public functions) and therefore I should have the right to play the music as I want, so as to maintain the respect and admiration I have for the late Sunil Shantha.

Of course, at public functions I always stand and pay due respect when the National Anthem is played.

I should be most grateful for your Association's advice in this regard.

M. Senadhirajah - Wattala

Answer: Usually one should be able to do anything in one's residence as long as it is not criminal or disturbs the peace of the neighbours.

Therefore, in our opinion you should be able to play the original version of Namo Namo Matha in your own home but not so loud so as to upset your neighbours of either their peace of their national mindedness.

The subject of National Anthem comes under the Minister of Public Administration and Home affairs. One of the relevant officers when contacted stated that only the revised version is legal and it is illegal to play the old or original version.

However, no one can stop you from playing the old version in your home in private.