Special right of certified landlord to terminate tenancy for personal cultivation.

The Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1965

Civil196016 sections

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Statutory text

(1) Notwithstanding anything contained in sections 31 to 31B (both inclusive) but subject to the provisions of this section a certified landlord may, after giving notice and making an application for possession as provided in sub-section (3), terminate the tenancy of any land leased by him to an excluded tenant, if he bona fide requires such land for cultivating it personally. (2)
- (a) The notice may be given and an application may be made by a certified landlord under sub-section (3), notwithstanding that in respect of the same tenancy any application made by him in accordance with sub-section
(2) of section 31 —
- (i) is pending before the Mamlatdar or in appeal before the Collector or in revision before the Gujarat Revenue Tribunal on the date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960 (hereinafter referred to in this section as 'the commencement date'), or
- (ii) has been rejected by the Mamlatdar or in appeal by the Collector or in revision by the Gujarat Revenue Tribunal before the commencement date ;
- (b) Any such pending application shall be deemed to have abated on the commencement date.
(3) The notice required to be given under sub-section
(1) shall be in writing and shall be served on the tenant on or before the 31st day of December 1961 and a copy thereof shall, at the same time be sent to the Mamlatdar. An application for possession of the land shall thereafter be made under section 29 to the Mamlatdar on or before the 31st day of March 1962: Provided that where a landlord has applied for a certificate under sub-section
(3) of section 88C within the period prescribed or specified therefor but no certificate has been issued to him before the 31st day of December 1961, he may give such notice and make an application for possession of the land before the expiry of three months from the date on which a certificate is issued to him under sub-section
(4) of section 88C.
(4) Where the certified landlord is one of the following categories, namely, —
- (a) a minor,
- (b) a widow,
- (c) a serving member of the armed forces, or
- (d) a person subject to any physical or mental disability, then if he has not given a notice and not made an application as required by sub-sections
(1) and (3), 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 category
- (a) he attains majority;
  - (ii) in the case of category
- (c) he ceases to serve in such force ;
  - (iii) in the case of category
- (d) he ceases to be subject to such physical or mental disability ; and
- (B) in the case of a widow by the successor-in-title within one year from the date on which the widow's interest in the land ceases to exist : Provided that where a person of such category is a member of a joint family, the provisions of this sub-section shall not apply if at least one member of the joint family is outside the categories mentioned in this sub-section unless the share of such person in the joint family has been separated by metes and bounds before the 31st day of March 1958 and the Mamlatdar on inquiry is satisfied that the share of such person in the land is separated, having regard to the area, assessment, classification and value of the land, in the same proportion as the share of that person in the entire joint family property, and not in a larger proportion.
(5) The right of a certified landlord to terminate a tenancy under this section shall be subject to the following conditions, namely :—
- (a) that if before the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1960, the landlord has already under section 31 or under any other law then in force terminated the tenancy of any land held by the same tenant on the ground that he required it for personal cultivation thereof or for non-agricultural use and taken possession, he shall not be entitled to terminate a tenancy under the provisions of sub-section (1);
- (b) that notwithstanding anything contained in the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, the landlord shall be entitled to take possession of the land leased to the extent of half the area thereof: Provided that if at the date on which the application for possession is made by the landlord to the Mamlatdar in accordance with sub-section
(3) or
(4) —
- (i) the landlord has not been cultivating personally any other land or has been cultivating personally other land less than half an economic holding, and
- (ii) the tenant has been cultivating and is entitled to continue to cultivate personally other land exceeding half an economic holding, the landlord shall be entitled to take possession of the whole of the land leased;
- (c) that the land leased stands in the Record of Rights or in any public record or similar revenue record on the 1st day of January, 1952 and there after until the commencement date in the name of the landlord himself, or of any of his ancestors but not of any other predecessor-in-title from whom title is derived by assignment or court sale or otherwise, or of a joint family of which the landlord is a member;
- (d) that the landlord shall not be entitled to the possession of the land, if an application under clause
  - (iv) of sub-section
(1) of section 88D has been made and has not been rejected.
(6) The tenancy of any land left with the tenant after the termination of the tenancy under this section shall not at any time afterwards be liable to termination again on the ground that the landlord bona fide requires that land for personal cultivation.
(7) If, in consequence of the termination of the tenancy under this section, any part of the land leased is left with the tenant, the rent shall be apportioned in the prescribed manner in proportion to the area of the land left with the tenant.

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