section 33B
Special right of certificated landlord to terminate tenancy for personal cultivation.
The 1[Maharashtra Tenancy and Agricultural Lands Act]Civil1948167 sections12 chapters
(IIA) Termination of tenancy by Landlords, and purchase by tenants, of lands to which section 88C applies.
Statutory text
- (1) Notwithstanding anything contained in section 31, 31A or 31B a certificated landlord may, after giving notice and making an application for possession as provided in sub-section (3), terminate the tenancy of an excluded tenant, if the landlord bona-fide requires such land for cultivating it personally.
- (2) The notice may be given and an application made by a certificated landlord under sub-section (3), notwithstanding that in respect of the same tenancy an application of the landlord made 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 Maharashtra Revenue Tribunal, on the date of the commencement of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1960 (Mah. IX of 1961) (hereinafter referred to in this section as 'the commencement date'), or
- (ii) has been rejected by any authority before 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-
- (a) before the first day of January 1962, but
- (b) if an application under section 88C is undisposed of and pending on that date then within three months of his receiving such certificate, and a copy of the notice shall, at the same time, be sent to the Mamlatdar. An application for possession of the land shall be made thereafter under section 29 to the Mamlatdar before the 1st day of April 1962, in the case falling under (a) and within three months of his receiving the certificate in the case falling under (b).
- (4) Wher the certificated landlord belongs to any of the following categories, namely :-
- (a) a minor,
- (b) a widow, 1******
- (d) a person subject to any physical or mental disability, then, if he has not given notice and not made an application as required by sub-sections (1) and (3), such notice may be given and such application made-
- (A) by the landlord within one year from the date on which he,-
- (i) in the case of category (a), attains majority; 2*******
- (iii) in the case of category (d), 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 widowsqptss interest in the land ceases : Provided that, where a person belonging to any category is a member of a joint family, the provisions of this sub-section shall not apply if any one member of the joint family does not belong to any of 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 certificated landlord to terminate a tenancy under this section shall be subject to the following conditions, that is to say,-
- (a) If any land is left over from a tenancy in respect of which other land has already been resumed by the landlord or his predecessor-in-title, on the ground that other land was required for cultivating it personally under section 31 (or under any earlier law relating to tenancies then in force), the tenancy in respect of any land so left over shall not be liable to be terminated under sub-section (1).
- (b) The landlord shall be entitled to terminate a tenancy and take possession of the land leased but to the extent only of so much thereof as would result in both the landlord and the tenant holding thereafter in the total an equal area for personal cultivation-the area resumed or the area left with the tenant being a fragment, notwithstanding, and notwithstanding anything contained in section 31 of the 3Bombay Preventation of Fragmentation and Consolidation of Holdings Act, 1947 (Bom. LXII of 1947).
- (c) 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 thereafter until the commencement date in the name of the landlord himself, of any of his ancestors (but not of any person from whom title is derived by assignment or Court sale or otherwise), or if the landlord is a member of a joint family, in the name of a member of such family.
- (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 so left with the tenant.
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