CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
823
(2) In case the lessee or his assignee, or other person claiming or deriving under the lease, permits and suffers judgment to be had and recovered on such trial in ejectment, and execution to be executed thereon, without paying the rent and arrears, together with full costs, and without proceeding for relief on equitable grounds within six months after such execution executed, then the lessee, his assignee and all other persons claiming and deriving under the lease shall be barred and foreclosed from all relief or remedy in law or equity, other than by bringing an appeal against such judgment; and the landlord or lessor shall from thenceforth hold the demised premises discharged from such lease: Provided that nothing herein contained shall extend to bar the right of any mortgagee of the lease, or any part thereof, who is not in possession, if such mortgagee within six months after such judgment obtained and execution executed pays all rent in arrear and all costs and damages sustained by the lessor or person entitled to the remainder or reversion as aforesaid, and performs all the covenants and agreements which, on the part and behalf of the first lessee, are and ought to be performed.
Limitation of right of lessee to
512. (1) In case the lessee or his assignee, or other person claiming any right, title or interest in law or equity of, in or to the lease, within the time aforesaid, applies to the court for relief on equitable grounds, such person shall not be entitled to a stay of the proceedings on such ejectment unless, within forty days next after a full and perfect answer to such application has been made by the claimant in such ejectment, he pays into court such sum of money as the landlord or lessor in his answer swears to be due and in arrear over and above all just allowances, and also the costs taxed in the said action, there to remain until the trial of the cause, or to be paid out to the landlord or lessor on good security, subject to the judgment of the court.
(2) In case such application for relief on equitable grounds is made within the time aforesaid and after execution is executed, the landlord or lessor shall be accountable only for so much and no more as he may really and bonâ fide, without fraud, deceit or wilful neglect, make of the demised premises from the time of his entering into the actual possession thereof; and if what is so made by the landlord or lessor happens to be less than the rent reserved on the lease, then the lessee or his assignee, before
* As amended by Law Rev. Ord., 1939.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
823
(2) In case the lessee or his assignee, or other person claim- ing or deriving under the lease, permits and suffers judgment to be had and recovered on such trial in ejectment, and execution to be executed thereon, without paying the rent and arrears, together with full costs, and without proceeding for relief on equitable grounds within
grounds within six months after such execution. executed, then the lessee, his assignee and all other persons claiming and deriving under the lease shall be barred and fore- closed from all relief or remedy in law or equity, other than by bringing an appeal against such judgment; and the landlord or lessor shall from thenceforth hold the demised premises dis- charged from such lease: Provided that nothing herein contained shall extend to bar the right of any mortgagee of the lease, or any part thereof, who is not in possession, if such mortgagee within six months after such judgment obtained and execution executed pays all rent in arrear and all costs and damages sustained by the lessor or person entitled to the remainder or reversion as aforesaid, and performs all the covenants and agree- ments which, on the part and behalf of the first lessee, are and ought to be performed.
Limitation of right of lessee to
*
512. (1) In case the lessee or his assignee, or other person claiming any right, title or interest in law or equity of, in or to the lease, within the time aforesaid, applies to the court for relief on relief on equitable grounds, such person shall not be entitled to equitable grounds. a stay of the proceedings on such ejectment unless, within forty 15 & 16 Vict. days next after a full and perfect answer to such application has c. 76, s. 211. been made by the claimant in such ejectment, he pays into court such sum of money as the landlord or lessor in his answer swears to be due and in arrear over and above all just allowances, and also the costs taxed in the said action, there to remain until the trial of the cause, or to be paid out to the landlord or lessor on good security, subject to the judgment of the court.
(2) In case such application for relief on equitable grounds is made within the time aforesaid and after execution is executed, the landlord or lessor shall be accountable only for so much and no more as he may really and bonâ fide, without fraud, deceit or wilful neglect, make of the demised premises from the time of his entering into the actual possession thereof; and if what is so made by the landlord or lessor happens to be less than the rent reserved on the lease, then the lessee or his assignee, before
* As amended by Law Rev. Ord., 1939.
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