section 17
Save as expressly provided in this Act any interest in the land held by a tenant as such shall not be liable to be attached, seized or sold in execution of a decree or order of a Civil Court.
The Goa Agricultural Tenancy Act, 1964Civil196485 sections7 chapters
Chapter II Chapter II
Statutory text
Dwelling house of tenant in landlord's site "17. Dwelling house of tenant in landlord's site.—
- (1) If in any village, a tenant of any agricultural land is in occupation of a dwelling house on a site belonging to his landlord, such tenant shall not be evicted from such dwelling house (with the materials and the site thereof and the land immediately appurtenant thereto and necessary for its enjoyment as a dwelling house).
- (2) The provisions of sub-section
- (1) shall not apply to a dwelling house which is situate on any land used for the purpose of agriculture the tenancy of which has been terminated for personal cultivation by the landlord.
- (3) If the landlord of a site referred to in sub-section
- (1) intends to sell such site, such tenant at the expense of whom or whose predecessor-in-title a dwelling house is built thereon*, shall be given in the manner provided in sub-section
- (4) the first option of purchasing the site at a value determined by the Tribunal.
- (4) The landlord intending to sell such site shall give notice in writing to the tenant requiring him to state within ninety days from the date of service of such notice whether he is willing to purchase the site.
- (5) If within the said period the tenant intimates in writing to the landlord that he is willing to purchase the site, the landlord shall make an application to the Tribunal for the determination of the market value of the site. On receipt of such application the Tribunal shall, after giving notice in the prescribed manner and after holding enquiry, determine the market value of the site and shall, by an order in writing, require the tenant to deposit the amount so determined within ninety days from the date of such order. On the deposit of such amount the site shall be deemed to have been transferred to the tenant and the amount deposited shall be paid to the landlord. The Tribunal shall, on payment of the prescnbed fees, grant a certificate in the prescribed form to the tenant specifying therein the particulars of the site so transferred and the name of the tenant. Provided that where the Tribunal is satisfied that the tenant is unable to make the deposit of the said amount within the period mentioned above it may permit the tenant to make the deposit in three equal annual installments, or, where the tenancy is terminated earlier, in suitable installments before the termination; in such cases the site shall be deemed to have been transferred to the tenant on payment of last installment.
- (6) If in respect of a site which a landlord offers to sell to the tenant under the provisions of sub-section (3), the value payable therefor by the tenant is agreed to between him and the landlord, either the landlord or the tenant or both jointly may apply to the Tribunal and thereupon the Tribunal shall, on payment of the prescribed fees, grant a certificate in the prescribed form; the value that is so agreed upon shall be deemed to be the market value determined by the Tribunal for the purposes of sub-section (5).
- (7) If the tenant fails to intimate his willingness to purchase the site within the period referred to in sub-section
- (4) or fails to deposit the amount of the value within the time specified in sub-section (5), the tenant shall be deemed to have relinquished his right of first option to purchase the site: Provided that no tenant of agricultural land shall, so long as he remains such ' tenant, be liable to be evicted from the site by the purchaser of such site unless any nearby site is offered to him by the landlord or by the Government. Provided further that the tenant shall be entitled to such compensation as may be determined by the Tribunal, for any loss caused to him on account of the eviction.
- (8) Any sale of a site effected in contravention of this section shall be void.
- (9) The Government may, by notification direct that the foregoing provisions of this section shall, in any area specified in the notification, apply also in respect of dwelling houses and the sites thereof occupied by agricultural labourers or artisans or in respect of land held or lease by persons carrying on allied pursuits for the purpose of such pursuit."
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