Right of tenant to purchase where landlord is minor, etc. 28

32F. (1) Notwithstanding anything contained in the preceding sections,— purchase where landlord is (a) where the landlord is a minor, or a widow, or a person subject to any mental or minor, etc. physical disability 3[* * * * *] the tenant shall have the right to purchase such land under section 32 within one year from the expiry of the period during which such landlord is entitled to terminate the tenancy under section 31: 4[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-section unless before the 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 1. Section 32D was renumbered as sub-section (1) of that section and sub-section (2) was added by Bom. 38 of 1957, s. 13. 2. Section 32E was substituted by Guj. 5 of 1973, s. 9. 3. The words "or a serving member of the armed forces" were deleted by Guj. 24 of 1965, s. 4. 4. This Proviso was added by Bom. 38 of 1957, s. 14(1). The Gujarat Tenancy And Agricultural Lands Act, 1948 29 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.] (b) where the tenant is a minor or a widow or a person subject to any mental or physical disability or a serving member of the armed forces, then subject to the provisions of clause (a), the right to purchase land under section 32 may be exercised– (i) by the minor within one year from the date on which he attains majority; (ii) by the successor-in-title of the 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 the mental or physical disability of the tenant ceases to exist; (iv) within one year from the date on which the tenant ceases to be serving member of the armed forces: 1[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-section unless before the 31st day of March, 1958 the share of such person in the joit 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.] Guj. XVI of 2[(1A) On and after the date of the commencement of the Bombay Tenancy and 1960. Agricultural Lands (Gujarat Amendment) Act, 1960 (hereinafter referred to in this sub-section as " the said date"), every tenant who has not exercised his right of purchase within the period of one year within which it may be exercised under sub-section (1) shall, if the said period has commenced be deemed to have purchased the land on the said date, whether the period has expired or not; and if the period has not commenced, he shall be deemed to have purchased the land on the date on which the period would have commenced but for the provisions of this sub-section.] 1. This proviso was added by Bom. 38 of 1957, s. 14(1). 2. This sub-section was substituted for the original by Guj. 16 of 1960, s. 8. The Gujarat Tenancy And Agricultural Lands Act, 1948 31 (2) The provisions of sections 32 to 32E (both inclusive) and sections 32G to 32R (both inclusive), shall, so far as may be applicable, apply to such purchase.