Ownership of certain lands to stand transferred to tenants on 1st day of April 1963.

§49A

Summary

1[49A. Ownership of certain lands to stand transferred to tenants on 1st day of April 1963.- (1) Notwithstanding anything contained in section 41 or 46, or any custom, usage, decree, contract or grant to the contrary but subject to the provisions of this section, on and from the 1st day of April 1963 the ownership of all land held by a tenant (being land which is not transferred to the tenant under section 46 or which is not purchased by him under section 41 or 50) shall stand transferred to and vest in, such tenant who shall, from the date aforesaid, be deemed to be the full owner of such land, if such land is cultivated by him personally, and (i) the landlord has not given notice of the termination of tenancy in accordance with the provisions of sub-section (1) of section 38 or section 39 or sub-section (2) of section 39A; or (ii) the landlord has given such notice but has not made an application thereafter under section 36 for possession as required by those sections; or (iii) the landlord (being a landlord not belonging to any of the categories specified in sub-section (2) of section 38) has not terminated the tenancy on any of the grounds specified in section 19; or has so terminated the tenancy but has not applied to the Tahsildar on or before the 31st day of March 1963 under section 36 for possession of the land: Provided that, where the landlord has made such application for possession, then the tenant shall, on the date on which the application is finally decided be deemed to be the full owner of the land which he is entitled to retain in possession after such decision. (2) (a) Where a tenant, who is evicted from the land before the 1st day of April 1963, and is not in possession thereof on that date, has made or makes an application for possession of the land within the period specified in sub-section (1) of section 36 then, if the application is allowed by the Tahsildar, or in appeal by the Collector or, as the case may be, in revision by the Maharashtra Revenue Tribunal, he shall be deemed to be the full owner of the land on the date on which the final order allowing the application is made. (b) Where such tenant has not made the application within the aforesaid period or any application made by him is finally rejected under this Act, and the land is held by any other person as tenant on the date of expiry of the said period or on the date of final rejection of the application then, such other person shall be deemed to be the full owner of the land on the date of expiry of the period, or as the case may be, on the date of the final rejection of the application. (3) Where the landlord, belonging to any of the categories specified in sub-section (2) of section 38, has not given notice of termination of tenancy in accordance with the said sub-section (2) or sub-section (3) of section 39A or has given such notice but has not made an application thereafter under section 36 for possession, such tenant shall be deemed to be the full owner of land held by him on the expiry of the period specified in sub-section (3) of section 39A: Provided that, where the tenancy is terminated and application for possession is made in accordance with the provisions of sub-section (2) of section 38 or sub-section (3) of section 39A, the tenant shall, on the date on which such application is finally decided, be deemed to be the full owner of the land which he is entitled to retain in possession after such decision. (4) The ownership of land shall stand transferred to the tenant under sub-section (1), subject to the following conditions, that is to say :- (a) if the tenant does not hold and cultivate personally any land as tenure-holder, the transfer of ownership of land to him shall be limited to the extent of three family holdings; and (b) if the tenant holds and cultivates personally any land as tenure-holder, the transfer of ownership of land shall be limited to such area as will be sufficient to make up with the area of land held by him as tenure-holder to the extent of three family holdings. (5) The land the ownership of which is not transferred under sub-section (1), shall be deemed to have been surrendered to the landlord, and thereupon the provisions of sub-sections (1) and (2) of section 21 and Chapter VII shall apply in relation to such land, as if the land was surrendered by the tenant under section 20. (6) Save as provided in sub-sections (1) and (5), the provisions of sub-sections (4) to (14), (14A) and (15) of section 43, section 44, sub-sections (2), (3), (4) and (5) of section 45, and of sections 47 and 48 shall mutatis mutandis apply to the transfer of ownership of land under this section.]

1[49A. Ownership of certain lands to stand transferred to tenants on 1st day of April 1963.- (1) Notwithstanding anything contained in section 41 or 46, or any custom, usage, decree, contract or grant to the contrary but subject to the provisions of this section, on and from the 1st day of April 1963 the ownership of all land held by a tenant (being land which is not transferred to the tenant under section 46 or which is not purchased by him under section 41 or 50) shall stand transferred to and vest in, such tenant who shall, from the date aforesaid, be deemed to be the full owner of such land, if such land is cultivated by him personally, and (i) the landlord has not given notice of the termination of tenancy in accordance with the provisions of sub-section (1) of section 38 or section 39 or sub-section (2) of section 39A; or (ii) the landlord has given such notice but has not made an application thereafter under section 36 for possession as required by those sections; or (iii) the landlord (being a landlord not belonging to any of the categories specified in sub-section (2) of section 38) has not terminated the tenancy on any of the grounds specified in section 19; or has so terminated the tenancy but has not applied to the Tahsildar on or before the 31st day of March 1963 under section 36 for possession of the land: Provided that, where the landlord has made such application for possession, then the tenant shall, on the date on which the application is finally decided be deemed to be the full owner of the land which he is entitled to retain in possession after such decision. (2) (a) Where a tenant, who is evicted from the land before the 1st day of April 1963, and is not in possession thereof on that date, has made or makes an application for possession of the land within the period specified in sub-section (1) of section 36 then, if the application is allowed by the Tahsildar, or in appeal by the Collector or, as the case may be, in revision by the Maharashtra Revenue Tribunal, he shall be deemed to be the full owner of the land on the date on which the final order allowing the application is made. (b) Where such tenant has not made the application within the aforesaid period or any application made by him is finally rejected under this Act, and the land is held by any other person as tenant on the date of expiry of the said period or on the date of final rejection of the application then, such other person shall be deemed to be the full owner of the land on the date of expiry of the period, or as the case may be, on the date of the final rejection of the application. (3) Where the landlord, belonging to any of the categories specified in sub-section (2) of section 38, has not given notice of termination of tenancy in accordance with the said sub-section (2) or sub-section (3) of section 39A or has given such notice but has not made an application thereafter under section 36 for possession, such tenant shall be deemed to be the full owner of land held by him on the expiry of the period specified in sub-section (3) of section 39A: Provided that, where the tenancy is terminated and application for possession is made in accordance with the provisions of sub-section (2) of section 38 or sub-section (3) of section 39A, the tenant shall, on the date on which such application is finally decided, be deemed to be the full owner of the land which he is entitled to retain in possession after such decision. (4) The ownership of land shall stand transferred to the tenant under sub-section (1), subject to the following conditions, that is to say :- (a) if the tenant does not hold and cultivate personally any land as tenure-holder, the transfer of ownership of land to him shall be limited to the extent of three family holdings; and (b) if the tenant holds and cultivates personally any land as tenure-holder, the transfer of ownership of land shall be limited to such area as will be sufficient to make up with the area of land held by him as tenure-holder to the extent of three family holdings. (5) The land the ownership of which is not transferred under sub-section (1), shall be deemed to have been surrendered to the landlord, and thereupon the provisions of sub-sections (1) and (2) of section 21 and Chapter VII shall apply in relation to such land, as if the land was surrendered by the tenant under section 20. (6) Save as provided in sub-sections (1) and (5), the provisions of sub-sections (4) to (14), (14A) and (15) of section 43, section 44, sub-sections (2), (3), (4) and (5) of section 45, and of sections 47 and 48 shall mutatis mutandis apply to the transfer of ownership of land under this section.]

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