Cultivating tenant's right to purchase landlord's rights

(1) Subject to the provisions of sub-section (2), a cultivating tenant (including the tenant of a kudiyiruppu), entitled to fixity of tenure under section 13, shall be entitled to purchase the right, title and interest of the landowner and the intermediaries, if any, in respect of the land comprised in his holding: Provided that-(i) if the landlord is entitled to resume any portion of the holding under this Act and he applies for such resumption, the cultivating tenant shall be entitled to purchase the right, title and interest of the landowner and the intermediaries only in respect of the remaining portion of the holding; (ii) no cultivating tenant shall be entitled to purchase the right, title and interest in respect of any land under this section if he, or if he is a member of a family, such family, owns an extent of land not less than the ceiling area; (iii) where the cultivating tenant or, if he is a member of a family, such family, does not own any land or owns an extent of land which is less than the ceiling area, he shall be entitled to purchase the right, title and interest in respect of only such extent of land as will, together with the land, if any, owned by him or his family, as the case may be, be equal to the ceiling area. Explanation.-In calculating the extent of land owned by the cultivating tenant or, where he is a member of a family, by such family, for the purposes of clause (ii) or clause (iii) of the proviso to this sub-section, the portion of the land owned by such cultivating tenant or by the family, which is liable to be purchased by the cultivating tenants holding under such tenant or family, shall not be taken into account. (2) Notwithstanding anything contained in sub-section (1), where the landowner or an intermediary is a small holder and the cultivating tenant was entitled to fixity of tenure immediately before the 21st January, 1961, under any law then in force, the cultivating tenant shall not be entitled to purchase the right, title and interest of the landowner and the intermediaries, unless the cultivating tenant agrees in writing that the small holder may exercise the right of resumption in respect of the holding under section 17. (3) Where a cultivating tenant agrees under sub-section (2) that the small holder may exercise the right of resumption,-(i) the small holder shall, notwithstanding anything contained in the second proviso to section 17 and notwithstanding the expiry of the period fixed under clause (i) of section 18 for making application for resumption, be entitled to exercise the right of resumption under that sub-section to the same extent and in the same manner as if the cultivating tenant was not entitled to fixity of tenure immediately before the 21st January, 1961; and (ii) the cultivating tenant shall be entitled to purchase the right, title and interest of the landowner and the intermediaries in respect of the remaining part of the holding left after resumption.