Right of certain landlords to terminate tenancy for cultivating personally.

§39

Summary

(1) Notwithstanding anything contained in section 9, 19 or 38 but subject to the provisions of sub-section (2), a landlord who holds an area not exceeding a family holding, may terminate such tenancy created by him not earlier than the first day of April 1957 as could have been terminated but for the provisions of the Bombay Vidarbha Region Agricultural Tenants (Protection from Eviction and Amendment of Tenancy Laws) Ordinance, 1957 (Bom. Ord. IV of 1957) or the Bombay Vidarbha Region Agricultural Tenants (Protection from Eviction and Amendment of Tenancy Laws) Act, 1957 (Bom. IX of 1958), by giving to the tenant a notice in writing and making an application for possession as provided in sub-section (2) of section 36 1[within one year 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)] if he bona fide requires the land for cultivating it personally. (2) The right of the landlord to terminate a tenancy under sub-section (1) shall be subject to the conditions contained in clauses (c), (d) and (e) of sub-section (3) of section 38 and the following other conditions, namely :- (a) If the landlord at the date on which the application for possession is made by him 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 family holding. (b) If the land cultivated by him personally is less than a family holding, the landlord shall be entitled to take possession of so much area of the land leased as will be sufficient to make the area in his possession equal to a family holding. 2(3) Nothing in this section shall confer on a tenure-holder who has acquired any 3[land by transfer or partition] after the first 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 4[before such transfer or partition].

(1) Notwithstanding anything contained in section 9, 19 or 38 but subject to the provisions of sub-section (2), a landlord who holds an area not exceeding a family holding, may terminate such tenancy created by him not earlier than the first day of April 1957 as could have been terminated but for the provisions of the Bombay Vidarbha Region Agricultural Tenants (Protection from Eviction and Amendment of Tenancy Laws) Ordinance, 1957 (Bom. Ord. IV of 1957) or the Bombay Vidarbha Region Agricultural Tenants (Protection from Eviction and Amendment of Tenancy Laws) Act, 1957 (Bom. IX of 1958), by giving to the tenant a notice in writing and making an application for possession as provided in sub-section (2) of section 36 1[within one year 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)] if he bona fide requires the land for cultivating it personally. (2) The right of the landlord to terminate a tenancy under sub-section (1) shall be subject to the conditions contained in clauses (c), (d) and (e) of sub-section (3) of section 38 and the following other conditions, namely :- (a) If the landlord at the date on which the application for possession is made by him 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 family holding. (b) If the land cultivated by him personally is less than a family holding, the landlord shall be entitled to take possession of so much area of the land leased as will be sufficient to make the area in his possession equal to a family holding. 2(3) Nothing in this section shall confer on a tenure-holder who has acquired any 3[land by transfer or partition] after the first 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 4[before such transfer or partition].

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