Restoration of possession to tenants dispossessed after 1st January 1953 in certain circumstances.

§10

Summary

(1) A person who or whose predecessor-in-title held land as tenant or protected lessee 1[on the first day of January 1953 or thereafter] and who has subsequently been dispossessed by a surrender of tenancy before the date of the commencement of this Act 2* * * may within a period of one year 3[from the date of the commencement of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch area) (Amendment) Act, 1960 (Mah. V of 1961)] apply to the Tahsildar for the restoration of his tenancy on the same terms and conditions on which he held the land before such surrender unless the land has been put to a non-agricultural use on or before the appointed day. (2) On receipt of such application the Tahsildar shall enquire into the circumstances in which and the procedure under which such dispossession took place and if he is satisfied that such dispossession took place as a result of surrender and the consent of the tenant was procured by fraud, deceit, false representation or undue influence or pressure of any kind whatsoever or was otherwise in contravention of the provisions of the law applicable for the time being, he shall order the restoration of the possession of the land and the tenancy thereof to the tenant. (3) Sub-sections (1) and (2) shall have effect notwithstanding that another person may be in possession of the land as a protected lessee or a tenant or otherwise, and where such other person is so in possession he shall be liable to be evicted.

(1) A person who or whose predecessor-in-title held land as tenant or protected lessee 1[on the first day of January 1953 or thereafter] and who has subsequently been dispossessed by a surrender of tenancy before the date of the commencement of this Act 2* * * may within a period of one year 3[from the date of the commencement of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch area) (Amendment) Act, 1960 (Mah. V of 1961)] apply to the Tahsildar for the restoration of his tenancy on the same terms and conditions on which he held the land before such surrender unless the land has been put to a non-agricultural use on or before the appointed day. (2) On receipt of such application the Tahsildar shall enquire into the circumstances in which and the procedure under which such dispossession took place and if he is satisfied that such dispossession took place as a result of surrender and the consent of the tenant was procured by fraud, deceit, false representation or undue influence or pressure of any kind whatsoever or was otherwise in contravention of the provisions of the law applicable for the time being, he shall order the restoration of the possession of the land and the tenancy thereof to the tenant. (3) Sub-sections (1) and (2) shall have effect notwithstanding that another person may be in possession of the land as a protected lessee or a tenant or otherwise, and where such other person is so in possession he shall be liable to be evicted.

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