Daily News Online
   

Wednesday, 30 March 2011

Home

 | SHARE MARKET  | EXCHANGE RATE  | TRADING  | OTHER PUBLICATIONS   | ARCHIVES | 

dailynews
 ONLINE


OTHER PUBLICATIONS


OTHER LINKS

Marriage Proposals
Classified
Government Gazette

Citizens' mail

 

 

 

 

 

 

 

 

 

 

Recovery of possession of immovable property

In most countries the law provides for recovery of possession of immovable property where there is formal lease or a tenancy agreement entered between the Landlord and the Tenant. Where parties enter into a lease the undermentioned facts cannot be disputed:

1. The Lessor is the owner of the property

2. The Lessee/Tenant occupies the premises on certain conditions like the payment of a monthly rental and for a fixed term.

3. He agrees to vacate the premises at the expiry of the term.

4. The Lessee/Tenant cannot claim title to the property, These facts cannot be disputed. The Law should provide procedure to permit the Lessor/Landlord to recover possession without filing a Regular Civil Action in the District Court. In the event of Appeals the case could take eight to 10 years. This paralyses economic development. Land owners are reluctant to lease immovable property even on a formal Lease agreement because ultimately they might have to go through a protracted Civil litigation.

In India one can apply for a writ of possession in the first instance by filing in the lease agreement and an affidavit at the expiry of the Lease. In Sri Lanka the State has made provision for recovery of possession of Government Quarters and State Lands but the private land owners are helpless.

The Law is clearly discriminatory as the State and the private citizen are not on a level playing field. The law provides for preferential treatment where property is owned by the State. The right Equality and non discrimination is violated by the said enhancements. The landlord should help development and its imperative that provision should be made for landlords to obtain possession with the least expense and delay.

The impact on the economy of passing such a law would be enormous. There will be a construction boom. People will build houses, office complexes as they will have no fears of recovering possession of their property. Various categories of professionals and workers will find employment such as surveyors, architects, engineers, contractors, electricians, plumbers and unskilled labourers.

The workload in the District Court will be reduced. This is one way of activities the economy and providing a better housing stock and employment for the people. A 10 percent growth rate is possible if some of the archaic laws which obstruct development are repealed and amended.

It is relevant to observe that where the Government (State) owns immovable property two laws provide for speedy recovery of possession namely:

* The Recovery of possession of Government Quarters Act

* The Recovery of possession of State Lands Act

Under both laws notice is given to the occupier and thereafter an application is made to the appropriate Magistrates Court for a writ to be issued to the fiscal, who will act in terms of the law and eject the occupant and handover possession to the State. Under both laws the only defence the occupant has, is to prove that he is in occupation on a valid permit from the State.

A protracted inquiry is not contemplated. The first law is used to eject public servants who have retired and MPs who have lost the elections who continue to occupy the quarters.

It should be observed that the rent laws do not apply to houses owned by the Commissioner of National Housing, the National Housing Development Authority and to houses owned by local authorities.

Therefore the law is discriminatory and the private citizen who holds immovable property has to file a regular civil action to recover possession which may even take seven years. Therefore there is an urgent need for a law to be enacted (this is available in other Countries) to enable landlords to obtain possession in the same manner that the State recovers possession of immovable property.

The right to equality and non-discrimination should not be violated by giving preferential treatment to the State in respect of movable property owned by the State. Needless to say that the enactment of such a law will "jump start the economy" and give rise to a construction boom which will in turn give rise to a larger housing stock and thus bring down rents and provide employment. The enactment of such a law is compatible with the right to own property which is a fundamental right in other jurisdictions.

Anton Fernando


An Education Commission?

Considering the numerous problems our country's education system appears to be beset with and the media attention given them, almost on a regular basis, time is opportune, I believe, for the Government to seriously consider the appointment of an Education Commission, possibly in the lines of the Kannangara Commission of the 4OS, to inquire into and report on the issues involved, recommending, of course, possible reforms.

Such a commission should be mandated with comprehensive references covering areas such as the existing structure of the school system ranging from pre-school, primary and junior to secondary levels, school admissions, scholarships, issue of text books, school uniforms, curricular contents, extra curricular activities, school hours and mid-day meals, educational administration, appointment, promotion, transfer and disciplinary matters of teachers, their professional training, aesthetic education, expansion of English Language learning and IT education, technical/vocational training, private schools and private enterprise in education, provision of infrastructure facilities etc.

The commission should be composed of the highest qualified in education, academically and professionally available in the country and, if necessary, the services of foreign experts so qualified my be enlisted in consultative or advisory capacities.

The status of the commission should be on par with such other commissions as the Public Service Commission and remain permanently as a statutory body to advise the Education Minister.

The commission's initial tasks would be to find solutions to the currently urgent and important problems. Its primary task of course would be to frame a national education policy which will not be subjected to the whims and fancies of politicians or changed according to the vagaries of party politics or their electoral fortunes.

The efforts made by the present Education Minister to meet the problems and his sincere commitment to find solutions to them are deeply appreciated. The sheer numbers involved - lakhs of schoolchildren, thousands of schools and teachers. A commission of the nature suggested to assist the minister immensely in performing the onerous tasks falling upon his shoulders.

I am making the above suggestions focusing mainly on the need to create an Education Commission to find solutions to the problems out-lined.

- H S Rajapakse, Kandy


Social analysis of the changing gender relations - a reply

The sociological analysis of the gender relations published in the Daily News on March 24, relating to two villages in Hikkaduwa has quite interestingly revealed the traditional roles of men and women, the socioeconomic advances made, and the attitudinal changes prevailing in the community.

Hikkaduwa, no doubt, with its cafe-lined scenic beaches, coral sanctuary, facilities for scuba-diving and snorkelling, and the handicraft shops catering to the various tastes of mostly European and Western tourists, is the ideal holiday resort on the southern coastline.

The recent influx of tourists has contributed, in no great measure, to the prosperity of the people both socially and economically.

Women are now more educated, skilful and knowledgeable than decades ago. Being occupied with in making ornaments, laces and fancy garments, which adorned the boutiques, they earn money and make themselves more independent from their traditional roles of being "confined to the kitchen, and bearing and rearing of children" from which they are gradually moving away with grace.

It is true that men are still considered the breadwinners of the family but the earnings of women would make the financial base of the household much stronger, which men undoubtedly appreciate and value.

Women, in these parts of the world, are beautiful and attractive to the visitors like the scenic spots they have come to see and enjoy.

Women are comparatively gentle and soft, and respect their husbands more than they do care for themselves.

This may be the reason why there have been a few international marriages, which is not uncommon these days.

Gender equality is a slow process but it is bound to take away the stereotypes of the male breadwinner which is deeply ingrained in the patriarchal family system experienced in the country's long history.

- Dr Mathu Liyanage, Hikkaduwa

 

EMAIL |   PRINTABLE VIEW | FEEDBACK

Damro
 
 
www.lanka.info
www.news.lk
www.defence.lk
Donate Now | defence.lk
www.apiwenuwenapi.co.uk
LANKAPUVATH - National News Agency of Sri Lanka
www.army.lk
Telecommunications Regulatory Commission of Sri Lanka (TRCSL)

| News | Editorial | Business | Features | Political | Security | Sport | World | Letters | Obituaries |

Produced by Lake House Copyright © 2011 The Associated Newspapers of Ceylon Ltd.

Comments and suggestions to : Web Editor