Termination of tenancy by landlord for cultivating land personally.

§38

Summary

(1) Notwithstanding anything contained in section 9 or 19 but subject to the provisions of sub-sections (2) to (5), as 1[2[landlord (not being a landlord within the meaning of Chapter III-A) may] after giving to the tenant a notice in writing at any time on or before the 15th day of February 1961, and making an application for possession under section 36 on or before the 31st day of March 1961, terminate the tenancy] of the land held by a tenant other than an occupancy tenant if he bona fide requires the land for cultivating it personally: 3[Provided that, where any notice has been given at any time before the commencement of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch area) (Amendment) Act, 1960 (Mah. V of 1961), then notwithstanding that the period of one year mentioned in the notice has not expired, the landlord, in order to terminate the tenancy under this section, shall make an application for possession not later than the 31st day of March 1961.] (2) Where the landlord is of the following category, namely :- (a) a minor, (b) a widow, 4[* * *] (d) a person subject to any physical or mental disability, then, if he has not given a notice and made an application as required by sub-section (1), such notice may be given and such application may be made- (A) by the landlord within one year from the date on which- (i) in the case of category (a) he attains majority; 5[* * *] (iii) in the case of category (d) he ceases to be subject to such physical or mental disability; and (B) In the case of widow by the successor in title within one year from the date on which the widow's interest in the land ceases to exist: 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 at least one member of the joint family is outside the categories mentioned in that sub-section unless the share of such person in the joint family has been separated by metes and bounds before the prescribed date and the Tahsildar 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: Provided further that where land is held by two or more joint landlords, the provision of this sub-section shall not apply if at least one joint holder is outside the categories specified in clauses (a) to (d) of this sub-section. (3) The right of a landlord to terminate a tenancy under sub-section (1) shall be subject to the following conditions, namely :- (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 three family holdings. (b) If the land cultivated by him personally is less than three family holdings, 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 three family holdings. (c) The income by the cultivation of the land of which he is entitled to take possession is the principal source of 6[income for the maintenance of such landlord (not being a landlord whose total holding whether as tenure holder or tenant or partly as tenure holder and partly as tenant does not exceed one family holding and who earns his livelihood principally by agriculture or agricultural labour)]. (d) The land leased stands in the record of rights or in any public record or similar revenue record on the 1st day of August 1957 and thereafter during the period between the said date and the date of the commencement of this Act in the name of the landlord himself or any of his ancestors, 7[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. (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. (4) In no case a tenancy shall be terminated- (a) in such manner as will result in leaving with a tenant, after termination, less than half the area of the land leased to him: 8[Provided that,- 9[(i)] where the total holding of a landlord exceeds one-third of a family holding but does not exceed one family holding, the landlord shall be entitled to resume for personal cultivation one-third of the family holding or half of the land leased by him, whichever is more; 10[(ii)] where the total holding of a landlord is equal to or less than one-third of a family holding, the landlord shall be entitled to resume for personal cultivation the entire land leased by him;] (b) in such a manner 11[as will, except in cases of land resumed under the proviso to clause (a), result] in contravention of the 12Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 or making any part of the land leased a fragment within the meaning of that Act, (c) if the tenant has become a member of a co-operative farming society and so long as he continues to be such member, or (d) if the tenant is a co-operative farming society. 13[(4A) The provisions of sub-section (3) (except clauses (a) and (b) thereof) and of sub-section (4)shall not apply to a landlord who, on ceasing to be a serving member of the armed forces, applies for possession of land as provided in this section in order to terminate the tenancy of this tenant.] (5) The tenancy of any land left with the tenant after the termination of the tenancy under this section shall not at any time afterwards be liable to termination again, on the ground that the landlord bona fide requires that land for personal cultivation. (6) If, in consequence of the termination of the tenancy under this section, any part of the land leased is left with the tenant, the rent shall be apportioned in the prescribed manner in proportion to the area of the land left with the tenant. 14(7) Nothing in this section shall confer on a tenure-holder who has acquired any 15[land by transfer or partition] after the 1st day of August 1953, a right to terminate the tenancy of a tenant who is a protected lessee and whose right as such protected lessee had come into existence 16[before such transfer or partition].

(1) Notwithstanding anything contained in section 9 or 19 but subject to the provisions of sub-sections (2) to (5), as 1[2[landlord (not being a landlord within the meaning of Chapter III-A) may] after giving to the tenant a notice in writing at any time on or before the 15th day of February 1961, and making an application for possession under section 36 on or before the 31st day of March 1961, terminate the tenancy] of the land held by a tenant other than an occupancy tenant if he bona fide requires the land for cultivating it personally: 3[Provided that, where any notice has been given at any time before the commencement of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch area) (Amendment) Act, 1960 (Mah. V of 1961), then notwithstanding that the period of one year mentioned in the notice has not expired, the landlord, in order to terminate the tenancy under this section, shall make an application for possession not later than the 31st day of March 1961.] (2) Where the landlord is of the following category, namely :- (a) a minor, (b) a widow, 4[* * *] (d) a person subject to any physical or mental disability, then, if he has not given a notice and made an application as required by sub-section (1), such notice may be given and such application may be made- (A) by the landlord within one year from the date on which- (i) in the case of category (a) he attains majority; 5[* * *] (iii) in the case of category (d) he ceases to be subject to such physical or mental disability; and (B) In the case of widow by the successor in title within one year from the date on which the widow's interest in the land ceases to exist: 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 at least one member of the joint family is outside the categories mentioned in that sub-section unless the share of such person in the joint family has been separated by metes and bounds before the prescribed date and the Tahsildar 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: Provided further that where land is held by two or more joint landlords, the provision of this sub-section shall not apply if at least one joint holder is outside the categories specified in clauses (a) to (d) of this sub-section. (3) The right of a landlord to terminate a tenancy under sub-section (1) shall be subject to the following conditions, namely :- (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 three family holdings. (b) If the land cultivated by him personally is less than three family holdings, 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 three family holdings. (c) The income by the cultivation of the land of which he is entitled to take possession is the principal source of 6[income for the maintenance of such landlord (not being a landlord whose total holding whether as tenure holder or tenant or partly as tenure holder and partly as tenant does not exceed one family holding and who earns his livelihood principally by agriculture or agricultural labour)]. (d) The land leased stands in the record of rights or in any public record or similar revenue record on the 1st day of August 1957 and thereafter during the period between the said date and the date of the commencement of this Act in the name of the landlord himself or any of his ancestors, 7[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. (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. (4) In no case a tenancy shall be terminated- (a) in such manner as will result in leaving with a tenant, after termination, less than half the area of the land leased to him: 8[Provided that,- 9[(i)] where the total holding of a landlord exceeds one-third of a family holding but does not exceed one family holding, the landlord shall be entitled to resume for personal cultivation one-third of the family holding or half of the land leased by him, whichever is more; 10[(ii)] where the total holding of a landlord is equal to or less than one-third of a family holding, the landlord shall be entitled to resume for personal cultivation the entire land leased by him;] (b) in such a manner 11[as will, except in cases of land resumed under the proviso to clause (a), result] in contravention of the 12Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 or making any part of the land leased a fragment within the meaning of that Act, (c) if the tenant has become a member of a co-operative farming society and so long as he continues to be such member, or (d) if the tenant is a co-operative farming society. 13[(4A) The provisions of sub-section (3) (except clauses (a) and (b) thereof) and of sub-section (4)shall not apply to a landlord who, on ceasing to be a serving member of the armed forces, applies for possession of land as provided in this section in order to terminate the tenancy of this tenant.] (5) The tenancy of any land left with the tenant after the termination of the tenancy under this section shall not at any time afterwards be liable to termination again, on the ground that the landlord bona fide requires that land for personal cultivation. (6) If, in consequence of the termination of the tenancy under this section, any part of the land leased is left with the tenant, the rent shall be apportioned in the prescribed manner in proportion to the area of the land left with the tenant. 14(7) Nothing in this section shall confer on a tenure-holder who has acquired any 15[land by transfer or partition] after the 1st day of August 1953, a right to terminate the tenancy of a tenant who is a protected lessee and whose right as such protected lessee had come into existence 16[before such transfer or partition].

← Previous Section Next Section →

Explore this Chapter