(c) Upon the court being satisfied that a defence prima facie is sustainable. The Banks and the lending institutions may invoke the provisions of these Acts to recover their secured debt when normality returns to the affected areas. In the case of banks, the defaulted Mortgagor will not have any remedy to secure his property. Even in the case of lending institutions, the defaulter may not be able to defend his case as he has to obtain leave after furnishing adequate security. These situations have to be remedied by means of amendments to the laws or by other methods; otherwise refugees and displaced persons may lose their house and property. A solution has to be found to resolve this issue in a just manner for both parties. It is suggested that the right to parate execution be suspended, for areas affected by the conflict and an extended grace period for repayment or loan, or a waiver of interest for a certain period etc. be applied for the recovery of the loan. When the Recovery of Loans by Banks (Special Provisions) Act, Debt Recovery (Special Provisions) Act and Debt Recovery (Special Provision) (Amendment) Act are suspended the procedure to institute a hypothecary action, that was in force before 1990, will be applicable. By this procedure, the mortgagor will get an opportunity to defend the case without depositing any security and he may be able to seek the leave of the judge to settle the loan in reasonable terms. iv) Property mortgaged to individuals The applicable laws are: Money Lending Ordinance No.2 of 1918; Mortgage Act; Prescription Ordinance. In relation to property mortgaged to individuals, a hypothecary action has to be instituted to hypothecate the claim on the mortgage bond. Therefore, the mortgagor gets an opportunity to defend his case in court and enter settlement to pay the debt in instalments or seek other remedies to which he is entitled. In most cases, however, the mortgagee is affected due to prescription, as the courts were not functioning or the situation did not permit him to sue the defendant. But the limitation that interest is not to exceed the capital would be disadvantageous for the mortgagee since several years would have lapsed. A just and equitable solution, therefore, has to be found to the mortgagee as well, and the relevant provisions in the Money Lending Ordinance and the Mortgage Act should be suitably amended. When the provisions of the Money Lending Ordinance and Prescription Ordinance are suspended a hypothecary action could be filed irrespective of the lapse of time and an interest could be claimed over the amount of the capital borrowed. In addition to the above suggestions to suspend certain laws, an alternate dispute mechanism may also expeditiously resolve this issue. 9) Partition of property Some lands that are reclaimed by returning refugees and IDPs are co-owned by several persons. If the co-owners are neither unable to use nor occupy the property or partition it according to their respective shares amicably, the law provides a mechanism by which the land can be partitioned by court. The applicable laws are: Partition Act No. 21 of 1977 (as amended); Tésawalamai; Thesawalamai Pre-emption Ordinance No.59 of 1947; Civil Procedure Code; Primary Court Procedure Act; Prescription Ordinance. 18