Part 17Ejectment

Part 17—Ejectment 192—Summons to give up possession Any of the following persons (in the following sections called the claimant) may cause any person in possession of land under the provisions of this Act to be summoned to appear before the Court to show cause why the person summoned should not give up possession to the claimant— (a) the registered proprietor of a freehold estate in possession; (b) any registered mortgagee or encumbrancee where the person in possession is a mortgagor or encumbrancer in default, or a person claiming under such mortgagor or encumbrancer; (c) any lessor with power to re-enter where the rent is in arrear for three months, whether there be or be not sufficient distress found on the premises to countervail such rent, and whether or not any previous demand shall have been made for the rent; (d) any lessor where a legal notice to quit has been given, or the lease become forfeited, or the term of the lease has expired. 193—Summons to contain description of land The summons shall contain a description of the land, and shall require the person summoned to appear before the Court on a day not earlier than sixteen days after the service of the summons. The summons shall be served in the same manner as a writ of summons in an action for the recovery of possession of land in the Supreme Court. 194—Orders on non-appearance to summons If, on the hearing of the summons, the person summoned do not appear, then upon proof of the service of the summons and of the claimant's title, or on the production of a consent to an order by the person summoned, the Court may order immediate possession to be given to the claimant. 195—Orders on appearance to summons If the person summoned shall appear, the Court shall hear the summons, and may make such order thereon and impose such terms as it may think fit: Provided that in the case of a lessor against a lessee, if the lessee before or at the hearing pay or tender all rent due, and all costs incurred by the lessor, the Court may dismiss the summons. 196—Dismissal of summons not to prejudice other rights The dismissal of any such summons shall not prejudice the right of the claimant to take any other proceedings against the person summoned to which he may be entitled. 197—Effect of order for possession Every order for possession under this Part of this Act shall have the effect of, and may be enforced in the same manner as, a judgment in the Court for the recovery of possession of land. 198—Writ of habere facias unnecessary where no one is in possession, or the land is surrendered voluntarily Any claimant having obtained an order for possession under the provisions hereof, shall be entitled to enter and take possession of the land mentioned in the order, without issuing a writ of habere facias if there shall be no person in actual possession of the land, or if the person in possession shall voluntarily give up possession to the claimant. 199—Existing rights preserved Nothing hereinbefore contained shall repeal, affect, or abridge, any remedies to which a claimant is otherwise entitled.