Purchase to be ineffective on tenant’s failure to pay purchase price in lump sum or instalments within given period. 34

32M. (1) On the deposit of the price in lump sum or of the last instalment of be ineffective such price, the Tribunal shall issue a certificate of purchase in the prescribed form, on tenant's to the tenant in respect of the land. Such certificate shall be conclusive evidence failure to pay of purchase. If a tenant fails to pay lump sum within the period fixed under purchase price in lump sum clause (ii) of sub-section (1) of section 32K, or is at any time in arreas of four or in instalments the purchase shalll be ineffective and the land shall be at the disposal of instalments the Collector under section 32P and any amount deposited by such tenant towards the within given price of the land shall be refunded to him. period. 2[(2) In the case of the purchase of any land by a tenant, which before the date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Guj. 36 of Amendment) Act, 1965 has become ineffective by reason of the failure of the 1965. tenant to pay the lump sum within the period fixed under clause (ii) of sub- section (1) of section 32K or the tenant remaining in arrears of four instalments, if the tenant deposits with the Tribunal within a period of three years from the date of such commencement the entire amount of the price of the land as fixed under section 32K or, as the case may be, such portion of the price so fixed as may have remained unpaid, together with the interest, if any, payable under section 32K, the purchase of the land shall be deemed not to have become so ineffective and the Tribunal shall issue a certificate of purchase to the tenant under sub-section (1).] 3[(3) Notwithstanding the expiry of the period specified in sub-section (2), if the tenant of land to which sub-section (2) applies deposits with the Tribunal within a period of two years after the expiry of the period mentioned in sub-section (2) the entire amount of the price of the land or, as the case may be, the portion of the price, together with interest, as specified in the said sub-section (2), the purchase of the lands shall be deemed not to have become ineffective and the Tribunal shall issue a certificate of purchase to the tenant under sub-section ( 1). (4) In the case of the purchase of any land by a tenant which at any time after the date of the commencement of the Bombay Tenancy and Agricultural Lands Guj. 36 of (Gujarat Amendment) Act, 1965 has become ineffective by reason of the 1965. 1. Sub-section (3) was deleted by Bom. 63 of 1958, s. 7 (2). 2. Sub-section (2) was inserted by Guj. 36 of 1965, s. 3. 3. Sub-sections (3) and (4) were inserted by Guj. 15 of 1969, s. 2. The Gujarat Tenancy And Agricultural Lands Act, 1948 35 failure of the tenant to pay the lump sum withing the period fixed under clause (ii) of sub-section (1) of section 32K or the tenant remaining in arrears of four instalments, if such land has not been disposed of by the Collector in the manner provided in sub-section (2) of section 32P, then, if the tenant deposits with the Tribunal within the period of two years after the expiry of the period mentioned in sub-section (2) the entire amount of the price of the land as fixed under section 32K, or as the case may be, such portion of the price so fixed as may have remained unpaid, together with the interest if any, payable under section 32K, the purchase of the land shall be deemed not to have become so ineffective and the Tribunal shall issue a certificate of purchase to the tenant under sub-section (1).] 1[(5) Notwithstanding the expiry of the period specified in sub-section (3) or (4)– (a) if the tanant of land to which sub-section (3) or, as the case may be, sub-section (4) applies and which has not been disposed of by the Collector in the manner provided in sub-section (7) of section 32P, deposits with Guj. 13 of the Tribunal at any time before two months after the commencement of the Bombay 1981. Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1981, or (b) if the specified tenant of land to which sub-section (3) or, as the case may be, sub-section (4) applies and which has not been disposed of by the Collector in the manner provided in sub-section (2) of section 32P, deposits with the Tribunal at any time 2[before the date specified from time to time by notification in the official Gazatte by the State Government in this regard]. the entire amount of the price of the land or, as the case may be, the unpaid portion of the price, together with interest, as specified in the said sub-section (3) and (4), as the case may be, the purchase of the land shall be deemed not to have become ineffective and the Tribunal shall issue a certificate of purchase to the tenant or the specified tenant under sub-section ( 1). Explanation.–For the purposes of this section and sections 3[32PP, 32PPP and 32QQ] the expression "specified tenant" means a tenant who holds land (whether as a tenant or owner or otherwise) not exceeding four hectares.]