Conditions of termination of tenancy. 23

31A. The right of a landlord to terminate a tenancy for cultivating the land personally Conditions of under section 31 shall be subject to the following conditions:— termination of tenancy. (a) If the landlord at the date on which the notice is given and on the date on which it expires has no other land of his own or has not been cultivating personally any other land, he shall be entitled to take possession of the land leased to the extent of a ceiling area. (b) If the land cultivated by him personally is less than a ceiling area, the landlord shall be entitled to take possession of so much area of the land leased as will be sufficient to make up the area in his possession to the extent of a ceiling area. (c) The income by the cultivation of the land of which he is entitled to take possession is the principal source of income for his maintenance. 1[(d) The land leased stands in the record of rights or in any public record or similar revenue record on the 1st day January, 1952 and thereafter during the period between the said date and the appointed day in the name of the landlord himself, or of any of his ancestors 2[but not of any other predecessor-in-title from whom title is derived, whether 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.] 1. This clause was substituted by Bom. 15 of 1957, s.7. 2. These words were inserted and shall, notwithstanding any decrce or order of a Court, be deemed to have been inserted with effect on and from the 1st day of August, 1956 by Guj. 16 of 1960, s. 5. The Gujarat Tenancy And Agricultural Lands Act, 1948 25 (e) If more tenancies than one are held under the same landlord, then the landlord shall be competent to terminate only the tenancy or tenancies which are the shortest in point of duration. No termination 31 B. In no case a tenancy shall be terminated under section 31— of tenancy in contravention (1) In such manner as will result in leaving with a tenant, after termination less than of Bom. LXII of half the area of the land leased to him, or 1947 or if tenant is member of co-operative (2) in such a manner as will result in a contravention of the provisions of the Bombay farming Prevention of Fragmentation and Consolidation of Holdings Act, 1947, or in making any society. part of the land leased a fragment within the meaning of that Act, or (3) if the tenant has become a member of a co-operative farming society and so long as he continues to be such member, 1[or] 2[(4) if the tenants is a member of a scheduled caste or a scheduled Tribe.] Landlord not