Bar to attachment, seizure or sale by process of Court. 20

28. Save as expressly provided in this Act or as provided in the Bombay Co-operative Bom. VII attachment, Societies Act, 1925, or the Bombay Agricultural Debtors Relief Act, 1947, for the recovery of 1925. seizure or sale of loans permitted under section 27, any interest in the land held by him as a tenant shall Bom. by process of XXVIII Court. not be liable to be attached, seized or sold in execution of a decree or order of a Civil Court. of 1947. Procedure of *29. (1) A tenant or an agricultural labourer or artisan entitled to possession of any taking possession. land or dwelling house under any of the provisions of this Act may apply in writing for * Section 4 of Bom. XLV of 1951 reads as under :- Pending 4. If at the date when this Act comes into force an application under section 29 of the said Act is pending before applications, the Mamlatdar or the Tribunal, or an appeal or an application for revision arising out of such application is appeals, revision applications not pending before the Collector or the Bombay Revenue Tribunal as the case may be, on such date, such to be dismissed if application, appeal or applications for revision shall not be dismissed only on the ground that the said field within period application under section 29 of the said Act was not made within the period of limitation, if it was made of two year. within the period prescribed by section 29 of the said Act as amended by this Act. The Gujarat Tenancy And Agricultural Lands Act, 1948 21 such possession to the Mamlatdar. The application shall be made in such form as may be prescribed 1[and within a period of two years from the date on which the right to obtain possession of the land or dwelling house is deemed to have accrued to the tenant, agricultural labourer or artisan, as the case may be.] (2) 2[Save as otherwise provided in sub-section (3A), no landlord] shall obtain possession of any land or dwelling house held by a tenant except under an order of the Mamlatdar. For obtaining such order he shall make an application in the prescribed form 3[and within a period of two years from the date on which the right to obtain possession of the land or dwelling house, as the case may be, is deemed to have accrued to him.] (3) On receipt of application under sub-section (1) or (2) the Mamlatdar shall, after holding an inquiry, pass such order thereon as he deems fit: 4[Provided that where an application under sub-section (2) is made by a landlord in pursuance of the right conferred on him under section 31, the Mamlatdar shall first decide, as preliminary issues, whether the conditions specified in clauses (c) and (d) of section 31A and sub-sections (2) and (3) of section 31B are satisfied. If the Mamlatdar finds that any of the said conditions is not satisfied, he shall reject the application forthwith.] 5[(3A) Where a landlord proceds for termination of the tenancy under sub-section (1) of section 43-IB, then, notwithstanding anything contained in this Act, the application for possession of the land shall be made to the Collector, who shall, after holding an inquiry in the prescribed manner, pass such order thereon as he deems fit.] (4) Any person taking possession of any land or dwelling house except in (accordance with the provisions of 6[sub-section (1), (2) or as the case may be, (3A)] shall be liable to forfeiture of crops, if any, grown in the land in addition to payment of costs as may be directed by the Mamlatdar or by the Collector and also to the penalty prescribed in section 81.