If any question arises as to whether any land is or is used for agricultural purposes the Mamlatdar shall, after holding an inquiry, decide such question.

Bar to eviction and restoration of possession Bar to eviction and restoration of possession.—

1. (1) No ten ancy of any land shall be terminated and no person holding land as a tenant shall be liable to be evicted there from save as provided under this Act.
2. (2) Where any such person as is referred to in section 4 has been evicted from the land on or after the 1st July, 1962 such person shall be entitled to recover immediate possession of the land in the manner prescribed by or under this Act unless the landlord proves that the termination of tenancy was in the manner authorised under section 9.
3. (3) Where any such person as is referred to in section 5 was evicted from such land on or after the 19th of December, 1961 but before the 1st of July, 1962, such person shall, in the manner prescribed by or under this Act, be entitled to recover possession of the land if—
   • (i) he applies to the Mamlatdar within six months from the date of coming into force of this Act stating that he agrees to become a tenant on the same terms and conditions as existed before, and as modified by the provisions of this Act;
   • (ii) he proves that the eviction was malafide and was intended to defeat the purposes of this Act; and
   • (iii) he pays to the landlord the arrears of rent, if any, due from him under the terms of his tenancy or gives sufficient security therefore: Provided that where the land from which such person was evicted had been leased out by the landlord to another person for any period after the said date, the evicted person shall not be entitled to recover possession before the first day of the year immediately following the year in which this Act comes into force.
4. (4) Notwithstanding anything contained in the foregoing provisions, where the Government is satisfied that a tenant has for reasons beyond his control omitted to take step for restoration of possession within the time prescribed therefor, it may on its own motion, direct the Mamlatdar to entertain and dispose of an application.
5. (5) Notwithstanding anything contained in the other provisions of this Act, where a person who was holding land on lease from a landlord has, in cases coming under section 4, on or after the 1st July, 1962, and in cases coming under section 5, on or after the 19th Decem ber, 1961, surrendered his right of tenancy to the landlord on or before the 28th July, 1964, he shall not be entitled to restoration of possession under this Act, if such surrender was voluntary and was made before the Administrator of the Concelho, in accordance with the rules and orders, if any, in that behalf or is found to be genuine by the Mamlatdar after holding an enquiry.