146Mortgagee, encumbrancee or lessor may obtain possession in certain cases

146 Mortgagee, encumbrancee or lessor may obtain possession in certain cases

(1)  [Section 146 Subsection (1) amended by No. 20 of 2018, s. 4, Applied:15 Oct 2018] Where the term of a lease has expired or default is made in the payment of any money secured by a mortgage or an encumbrance or payable under a lease for the time specified by this Act or in the mortgage, encumbrance, or lease –

(a) a mortgagee as against a mortgagor, either before or after entering into the receipt of the rents and profits of the mortgaged land or making any distress under the powers conferred by section 83 , either before or after a sale of the land is effected under the power of sale given or implied in the mortgage, and either before or after obtaining an order for foreclosure pursuant to section 86 ;

(b) an encumbrancee as against an encumbrancer, either before or after entering into the receipt of the rents and profits of the encumbered land or making any distress under the powers conferred by section 83 , and either before or after any sale of the land is effected under the power of sale given or implied in his encumbrance; or

(c) [Section 146 Subsection (1) amended by No. 36 of 2012, s. 48, Applied:13 Nov 2012] a lessor as against a lessee –

may without any formal demand or re-entry apply to the Supreme Court for an order for possession of the premises to which the expiry of the term of the lease relates or in respect of which the default is made.

(2)  [Section 146 Subsection (2) omitted by No. 20 of 2018, s. 4, Applied:15 Oct 2018] .  .  .  .  .  .  .  .  

(3)  [Section 146 Subsection (3) amended by No. 20 of 2018, s. 4, Applied:15 Oct 2018] Service, on a lessee, mortgagor or encumbrancer, of an order under subsection (5) stands in lieu of –

(a) [Section 146 Subsection (3) amended by No. 36 of 2012, s. 48, Applied:13 Nov 2012] in the case of a lessor against a lessee, a demand and re-entry; and