1964_SUPREME_COURT_ORDINANCE — Page 30

1989 Ed.]

Supreme Court

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fails to pay into court all the rent in arrear and the sum directed to be paid on account of the costs of the action within that period.

(9) Where the Court extends a period under subsection (4) at a time when-

(a) that period has expired; and

(b) a writ of possession in respect of the land has been issued,

the Court shall suspend the writ for the extended period, and if, before the expiration of the extended period, the lessee pays into court all the rent in arrear and the sum directed to be paid on account of the costs of the action, the Court shall cancel the writ.

(10) Nothing in this section shall be taken to affect-

(a) the power of the Court to enter final judgment in a case where the defendant fails to give notice of intention to defend;

(b) the power of the Court to make any order which it would otherwise have power to make as respects a right of re-entry or forfeiture on any ground other than non-payment of rent; or

(c) section 58(4) of the Conveyancing and Property Ordinance (Cap. 219).

(Added 52 of 1987 s. 18) [cf. 1984 c. 28 s. 138 U.K.]

21G. Service of writ in lieu of demand

In a case where section 21F has effect, if

(a) one-half-year's rent is in arrear at the time of the commencement of the action;

(b) the lessor has a right of re-entry for non-payment of that rent; and

(c) no sufficient distress is to be found on the premises countervailing the arrears then due,

the service of the writ in the action in the prescribed manner shall stand in lieu of a demand and re-entry.

(Added 52 of 1987 s. 18) [cf. 1984 c. 28 s. 139 U.K.]

21H. Interpretation and application of sections 21F, 21G and 21H

(1) In this section and sections 21F and 21G-

"lease" includes-

(a) an original or derivative under-lease; and

(b) an agreement for a lease where the lessee has become entitled to have his lease granted;

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