Resumption of land for personal cultivation

Resumption of land for personal cultivation.—

1. (1) Notwithstanding anything contained in the other provisions of this Act, but subject to the provisions of this chapter, a landlord may, in the manner provided in sub-section (2), terminate the tenancy of any land if the landlord genuinely requires the land for cultivating it personally.
2. (2) Where the landlord proposes to act under sub-section
3. (1) he shall give a notice to the tenant in writing, stating the purpose for which the landlord requires the land and shall save as otherwise provided in sub-section (3), serve the notice on the tenant on or before a date to be notified in this behalf by the Government. A copy of such notice shall, at the same time, be sent to the Mamlatdar. An application for possession shall be made to the Mamlatdar within ninety days, from the date aforesaid and the Mamlatdar may, after being satisfied as to the genuineness, pass orders authorising the termination of tenancy and eviction of the tenant.
4. (3) Where the landlord is a minor, or a widow with a life interest or a person serving in the Defence Forces or a person subject to any physical or mental disability, then, if he has not given a notice and made an application as required by sub-section (2), such notice may be given and such application may be made—
   • (a) by the landlord within one year from the date on which—
     • (i) in the case of a minor, he attains majority;
     • (ii) in the case of a person serving in the Defence Forces, he ceases to serve in such Forces, and
     • (iii) in the case of a person subject to physical or mental disability, he ceases to be so subject; and
   • (b) in the case of a widow with a life interest, by the successor in title within one year from the date on which the widow's interest in land ceases to exist: Provided that where land is held by two or more joint holders, the provisions of this sub-section shall not apply, if at least one joint holder is outside the categories specified in this sub-section: Provided further that in cases coming under sub-clause
     • (ii) of clause (a), the provisions of sub-sections
5. (4) and
6. (5) shall not apply.
7. (4) The landlord's right to terminate the tenancy of any tenant under sub-section
8. (1) shall be subject to the following conditions—
   • (a) the landlord or a member of his family must reside in the village in which the land is situated or in a village within 7 kilometres thereof, during the major portion of any agricultural season;
   • (b) he shall not be entitled to resume more than 2 hectares of paddy land in the case of Khajan or Kher lands and 4 hectares in the case of any other land.
   • (c) the landlord is not cultivating any other land;
   • (d) the income by the cultivation of the land he seeks to resume is his main or principal source of income for his maintenance; and
   • (e) if more tenancies than one are held under the same landlord, then the landlord shall be competent to terminate only the tenancy or tenancies which are the shortest in point of duration. Explanation — For the removal of doubt it is hereby declared that the condition in clause
   • (c) shall not apply where the extent of land, if any, already under the personal cultivation of the landlord is less than the ceiling specified in clause
   • (b) and the area sought to be resumed does not exceed what is required to make up such ceiling.
9. (5) For the purposes of this section all partitions of property between co-owners, joint tenants or co-parcenors, and all transfers of property by way of gift, made on or after the date to be notified in this behalf shall be ignored and deemed not to exist unless such partition or transfer is approved by the Tribunal.
10. (6) No tenancy can be terminated under this section-
    • (a) in such manner as will result in leaving with a tenant, after termination, less than half the area of the land leased to him, or
    • (b) if, the tenant has become a member of a co-operative fanning society, so long as he continues to be such member.
11. (7) If a landlord who resumes any land for personal cultivation under the foregoing provisions fails to cultivate the land within one year from the date of such resumption he shall, within the prescribed time, restore possession of the land to the tenant who was cultivating the land immediately before such resumption.
12. (8) If, within the prescribed time, the tenant makes an application to the Mamlatdar and satisfies him that the landlord has failed to comply with the provisions of sub-section (7), the tenant shall be entitled on a direction by the Mamlatdar to obtain immediate possession of the land and to such compensation as may be awarded by the Mamlatdar for any loss caused to the tenant by eviction and by failure on the part of the landlord to restore or give possession of the land to him as required under that sub-section.
13. (9) If, in consequence of the termination of tenancy under the foregoing provisions, any part of the land leased is left with the tenant, the rent of the land so left shall be apportioned in the prescribed manner in proportion to the area of such land.
14. (10) The tenancy of any land left with the tenant after the termination of the tenancy for personal cultivation, shall not, at any time, afterwards be liable to termination again on the ground that the landlord genuinely requires the land for personal cultivation.