NATIONAL MORTGAGE, FINANCING AND GUARANTEE SCHEME ACT - 1976 (SMCD 23)

    Section - 23 - Mortgagee's Right to Possession.

    (1) In the exercise of his right of possession under section 17 of the Mortgages Decree, 1972, the mortgagee under a mortgage to which this Decree applies shall not be obliged to take any court proceedings; and where he is unable to enter and take possession peaceably, he may use such reasonable force as may be necessary including, but without prejudice to the generality of the foregoing, the use of the services of the police for the eviction of the mortgagor or other person.

    (2) Any person who-

    (a) fails without reasonable excuse, proof of which shall be on him, to vacate any premises which is subject to any mortgage to which this Decree applies upon his being duly requested so to do under subsection (1) of section 17 of the Mortgages Decree and of this section, or

    (b) obstructs a mortgagee in the exercise of any power conferred on him by this section,

    shall be guilty of an offence and shall on summary conviction be liable to a fine not exceeding c1,000.00 or to imprisonment not exceeding six months or to both; and in the case of a continuing offence, to a further fine not exceeding c20.00 in respect of any day on which the offence continues.