Landlord’s right to terminate tenancy for personal cultivation and non-agricultural purpose. 22

31. (1) Notwithstanding anything contained in sections 14 and 30 but subject to right to sections 31A to 31D (both inclusive), a 3[landlord (not being a landlord within the meaning terminate of Chapter III-AA) may] after giving notice and making an application for possession as tenancy for personal provided in sub-section (2), terminate the tenancy of any land (except a permanent tenancy), cultivation and if the landlord bona fide requires the land for any of the following purposes :— non agricultural (a) for cultivating personally, or purpose. (b) for any non-agricultural purposes. (2) The notice required to be given under sub-section (1) shall be in writing shall state the purpose for which the landlord requires the land and shall be served on the tenant on or before the 31st day of December, 1956. A copy of such notice shall, at the same time, be sent to the Mamlatdar. An application for possession under section 29 shall be made to the Mamlatdar on or before the 31st day of March, 1957. (3) Where a landlord is a minor, or a widow, or a person subject to mental or physical disability 4[* * *] then such notice may be given 5[and an application for possession under section 29 may be made],— (i) by the minor within one year from the date on which he attanis majority; (ii) by the successor-in-title of a widow within one year from the date on which her interest in the land ceases to exist; (iii) within one year from the date on which mental or physical disability ceases to exist; and 6[ * * * * * ]: 7[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 atleast one member of the joint family is outside the categories mentioned in this sub-seciton unless before th 31st day of March 1958 the share of such person in the joint family has been separated by metes and bounds 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]. 8[(4) Notwithstanding anything contained in sub-section (3),— 1. This heading was substituted for the original by Bom. 13 of 1956, s. 21. 2. These sections were substituted for the original sections 31 and 32, ibid., s. 22. 3. These words, brackets, figures and letters were substituted for the words "landlord may" by Guj. 24 of 1965, s. 3 (1). 4. The words "or a serving member of the armed forces" were deleted, ibid., s. 3 (2) (i). 5. These words were inserted by Bom. 38 of 1957, s. 11 (1). 6. Clause (iv) was deleted by Guj. 24 of 1965, s. 3 (2) (ii). 7. This proviso was inserted by Bom. 38 of 1957, s. 11 (2). 8. Sub-section (4) was inseted by Guj. 5 of 1973, s. 6. The Gujarat Tenancy And Agricultural Lands Act, 1948 23 (a) the right conferred under the said sub-section (3) on a landlord who is a minor or a person subject to mental or physical disability shall, after the specified date, be exercisable. (i) by such landlord, in a case where the period of one year within which such right may be exercised under sub-section (3) has commenced, within such period of one year or within a period of six months from the specified date, whichever period expires earlier; (ii) by the guardian or other legal representative of such landlord, in a case where the period of one year within which such right may be exercised under sub-section (3) has not commenced, within a period of six months from the specified date; (b) the right conferred under the said sub-section (3) on a landlord who was a widow on the first day of April, 1957 shall after the specified date,— (i) be exercisable by the widow within a period of six months from the specified date; (ii) be exercisable, in a case where the interest of the widow in the land has ceased to exist, by reason of her death or otherwise, before the specified date but the period of one year within which her successor-in-title is entitled to exercise the right under section 31 has not expired, by the successor-in-title of the widow within a period of one year from the date on which her interest in the land ceased or, within a period of three months from the specified date, whichever period expires earlier; (iii) in a case where the interest of the widow in the land ceases to exist on or after the specified date, expire on the date on which her interest so ceases to exist.]