Special right of certain landlords to terminate tenancy for personal cultivation.

§39A

Summary

1[39A. Special right of certain landlords to terminate tenancy for personal cultivation.- (1) Notwithstanding anything contained in section 9, 19, 38 or 39, but subject to the provisions of this section, a landlord who before the 15th day of February 1961 held as tenure-holder land not exceeding one-third of a family holding and who earns his livelihood principally by agriculture or by agricultural labour may terminate the tenancy of his tenant (not being an occupancy tenant), if the landlord bona fide required the land for cultivating it personally. (2) The landlord shall, for terminating the tenancy, give such tenant notice in writing within one year from the date of the commencement of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) (Amendment) Act, 1961 (Mah. II of 1962) and make an application for possession as provided in sub-section (2) of section 36 before the 1st day of April 1963, notwithstanding that in respect of the same tenancy an application of the landlord made in accordance with sub-section (1) of section 38 or of section 39,- (i) is pending before the Tahsildar or in appeal before the Collector, or in revision before the Maharashtra Revenue Tribunal on the date of the commencement of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) (Amendment) Act, 1961 (Mah. II of 1962) (hereinafter referred to in this section) as ("the commencement date"), or (ii) has been rejected by any authority before the commencement date. (3) Where a landlord belongs to any of the following categories, that is to say,- (a) a minors, (b) a widow, 2[* * *] (d) a person subject to any physical or mental disability, and, if the notice is not given or the application is not made, as required by sub-section (2), then such notice may be given and such application made- (A) Within one year from the date on which- (i) in the case of category (a), the landlord attains majority; 3[* * *] (iii) in the case of category (d), he ceases to be subject to such physical or mental disability; and (B) in the case of a landlord who is a widow, by the successor-in-title within one year from the date on which the widows interest in the land ceases to exist: Provided that, where a person of any 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 any such category 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 provisions of this sub-section shall not apply if at least one joint holder is outside the categories specified in 4[clauses (a), (b) and (d)] of this sub-section. (4) The right of a landlord to terminate the tenancy under sub-section (1) shall be subject to the conditions contained in clause (d) of sub-section (3) of section 38 and clauses (a) and (b) of sub-section (2) of section 39. (5) The provisions of sub-sections (4), (5), (6) and (7) of section 39 shall apply to the termination of tenancy under this section, as they apply for termination of tenancy under that section.]

1[39A. Special right of certain landlords to terminate tenancy for personal cultivation.- (1) Notwithstanding anything contained in section 9, 19, 38 or 39, but subject to the provisions of this section, a landlord who before the 15th day of February 1961 held as tenure-holder land not exceeding one-third of a family holding and who earns his livelihood principally by agriculture or by agricultural labour may terminate the tenancy of his tenant (not being an occupancy tenant), if the landlord bona fide required the land for cultivating it personally. (2) The landlord shall, for terminating the tenancy, give such tenant notice in writing within one year from the date of the commencement of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) (Amendment) Act, 1961 (Mah. II of 1962) and make an application for possession as provided in sub-section (2) of section 36 before the 1st day of April 1963, notwithstanding that in respect of the same tenancy an application of the landlord made in accordance with sub-section (1) of section 38 or of section 39,- (i) is pending before the Tahsildar or in appeal before the Collector, or in revision before the Maharashtra Revenue Tribunal on the date of the commencement of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) (Amendment) Act, 1961 (Mah. II of 1962) (hereinafter referred to in this section) as ("the commencement date"), or (ii) has been rejected by any authority before the commencement date. (3) Where a landlord belongs to any of the following categories, that is to say,- (a) a minors, (b) a widow, 2[* * *] (d) a person subject to any physical or mental disability, and, if the notice is not given or the application is not made, as required by sub-section (2), then such notice may be given and such application made- (A) Within one year from the date on which- (i) in the case of category (a), the landlord attains majority; 3[* * *] (iii) in the case of category (d), he ceases to be subject to such physical or mental disability; and (B) in the case of a landlord who is a widow, by the successor-in-title within one year from the date on which the widows interest in the land ceases to exist: Provided that, where a person of any 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 any such category 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 provisions of this sub-section shall not apply if at least one joint holder is outside the categories specified in 4[clauses (a), (b) and (d)] of this sub-section. (4) The right of a landlord to terminate the tenancy under sub-section (1) shall be subject to the conditions contained in clause (d) of sub-section (3) of section 38 and clauses (a) and (b) of sub-section (2) of section 39. (5) The provisions of sub-sections (4), (5), (6) and (7) of section 39 shall apply to the termination of tenancy under this section, as they apply for termination of tenancy under that section.]

← Previous Section Next Section →

Explore this Chapter