1984 Ed.]
District Court
[CAP. 336
33
the order, as the Court or the Registrar thinks fit, unless within that period the lessee pays into court all the rent in arrear, together with such sum as would have been payable as rent if there had been no re-entry or forfeiture, and the costs of the action as endorsed on the writ or as may be fixed by the Court or the Registrar; (Replaced, 103 of 1970, s. 9)
(c) if within the period specified in the order, the lessee pays into court all the rent in arrear, together with such sum as would have been payable as rent if there had been no re-entry or forfeiture, and the costs of the action, he shall hold the land according to the lease without any new lease, but if the lessee does not, within the said period, pay into court all the rent in arrear, together with such sum as would have been payable as rent if there had been no re-entry or forfeiture, and the costs of the action, the order shall be enforced in the prescribed manner, and so long as the order remains unreversed the lessee shall be barred from all relief: (Amended, 103 of 1970, s. 9)
Provided that, where the lessor is proceeding in the same action to enforce a right of re-entry or forfeiture on any other ground as well as for non-payment of rent, or to enforce any other claim as well as the right of re-entry or forfeiture and the claim for arrears of rent, paragraph (a) of this subsection shall not apply, and nothing in this subsection shall be taken to affect the power of the Court to make any order which it would otherwise have power to make as respects the right of re-entry or forfeiture on that other ground.
(2) Where any such action as aforesaid is brought in the Court and, at the time of the commencement of the action, one half-year's rent is in arrear and the lessor has a right to re-enter for non-payment thereof and no sufficient distress is to be found on the premises counter-vailing the arrears then due, the service of the summons in the action in the prescribed manner shall stand in lieu of a demand and re-entry.
(3) Where a lessor has enforced against a lessee, by re-entry without action, a right of re-entry or forfeiture as respects any land for non-payment of rent, the lessee may, if the annual rent or the rateable value determined in accordance with the provisions of the Rating Ordinance or the net annual value of the land, whichever is the less, does not exceed $45,000, at any time within 6 months from the date on which the lessor re-entered apply to the Court for relief, and on any such application the Court may, if it thinks fit, grant to the lessee such relief as the High Court could have granted. (Amended, 68 of 1973, s. 3; 79 of 1981, s. 2 and L.N. 387/83)
(4) For the purposes of this section--
(a) "lease" includes an original or derivative under-lease, also an agreement for a lease where the lessee has become entitled to have his lease granted, also a grant, securing a rent by condition but does not include a lease directly from the Crown;
(Cap. 116.)
pp s. x.
*9/88
1984 Ed.]
District Court
[CAP. 336
33
the order, as the Court or the Registrar thinks fit, unless within that period the lessee pays into court all the rent in arrear, together with such sum as would have been payable as rent if there had been no re-entry or forfeiture, and the costs of the action as endorsed on the writ or as may be fixed by the Court or the Registrar; (Replaced, 103 of 1970, s. 9)
(c) if within the period specified in the order, the lessee pays into court all the rent in arrear, together with such sum as would have been payable as rent if there had been no re-entry or forfeiture, and the costs of the action, he shall hold the land according to the lease without any new lease, but if the lessee does not, within the said period, pay into court all the rent in arrear, together with such sum as would have been payable as rent if there had been no re-entry or forfeiture, and the costs of the action, the order shall be enforced in the prescribed manner, and so long as the order remains unreversed the lessee shall be barred from all relief: (Amended, 103 of 1970, s. 9)
Provided that, where the lessor is proceeding in the same action to enforce a right of re-entry or forfeiture on any other ground as well as for non-payment of rent, or to enforce any other claim as well as the right of re-entry or forfeiture and the claim for arrears of rent, paragraph (a) of this subsection shall not apply, and nothing in this subsection shall be taken to affect the power of the Court to make any order which it would otherwise have power to make as respects the right of re-entry or forfeiture on that other ground.
(2) Where any such action as aforesaid is brought in the Court and, at the time of the commencement of the action, one half-year's rent is in arrear and the lessor has a right to re-enter for non- payment thereof and no sufficient distress is to be found on the premises counter-vailing the arrears then due, the service of the summons in the action in the prescribed manner shall stand in lieu of a demand and re-entry.
(3) Where a lessor has enforced against a lessee, by re-entry without action, a right of re-entry or forfeiture as respects any land for non-payment of rent, the lessee may, if the annual rent or the rateable value determined in accordance with the provisions of the Rating Ordinance or the net annual value of the land, whichever is the less, does not exceed $45,000, at any time within 6 months from the date on which the lessor re-entered apply to the Court for relief, and on any such application the Court may, if it thinks fit, grant to the lessee such relief as the High Court could have granted. (Amended, 68 of 1973, s. 3; 79 of 1981, s. 2 and L.N. 387/83)
(4) For the purposes of this section--
(a) "lease" includes an original or derivative under-lease, also an agreement for a lease where the lessee has become entitled to have his lease granted, also a grant, securing a rent by con- dition but does not include a lease directly from the Crown;
(Cap. 116.)
pp s. x.
*9/88
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