Transfer of possession and ownership of lands to certain dispossessed tenants.

§49B

Summary

1[49B. Transfer of possession and ownership of lands to certain dispossessed tenants.- Where a tenant referred to in section 46 or section 49A was in possession on the appointed day but is not in possession of the land held by him on the relevant date on account of his being dispossessed before that date, otherwise than in the manner and by an order of the Tahsildar as provided in section 36, and the land is in the possession of the landlord or his successor-in-interest on the 31st day of July 1969 and is not put to a non-agricultural use on or before the last mentioned date, then, the Tahsildar shall, notwithstanding anything contained in section 36, either suo motu or on the application of the tenant, hold an inquiry, and direct that such land shall be taken from the possession of the landlord, or as the case may be, his successor-in-interest, and shall be restored to the tenant, and the provisions of sections 46 to 49A shall, in so far as they may be applicable apply thereto, as if the tenant had held the land on the relevant date, subject to the modification that the ownership of land shall stand transferred to, and vest in, the tenant and such tenant shall be deemed to be the full owner of the land, on the date on which the land is restored to him: Provided that, the tenant shall be entitled to restoration of the land under this section only if he undertakes to cultivate the land personally, and of so much thereof as together with other land held by him as owner or tenant, shall not exceed three family holdings. Explanation 1.- In this section, the expression "relevant date" means in relation to a tenant referred to in section 46, the 1st day of April 1961, and in relation to a tenant referred to in section 49A, the 1st day of April 1963. Explanation 2.- In this section, "successor-in-interest" means a person who acquired the interest by testamentary disposition or devolution on death.]

1[49B. Transfer of possession and ownership of lands to certain dispossessed tenants.- Where a tenant referred to in section 46 or section 49A was in possession on the appointed day but is not in possession of the land held by him on the relevant date on account of his being dispossessed before that date, otherwise than in the manner and by an order of the Tahsildar as provided in section 36, and the land is in the possession of the landlord or his successor-in-interest on the 31st day of July 1969 and is not put to a non-agricultural use on or before the last mentioned date, then, the Tahsildar shall, notwithstanding anything contained in section 36, either suo motu or on the application of the tenant, hold an inquiry, and direct that such land shall be taken from the possession of the landlord, or as the case may be, his successor-in-interest, and shall be restored to the tenant, and the provisions of sections 46 to 49A shall, in so far as they may be applicable apply thereto, as if the tenant had held the land on the relevant date, subject to the modification that the ownership of land shall stand transferred to, and vest in, the tenant and such tenant shall be deemed to be the full owner of the land, on the date on which the land is restored to him: Provided that, the tenant shall be entitled to restoration of the land under this section only if he undertakes to cultivate the land personally, and of so much thereof as together with other land held by him as owner or tenant, shall not exceed three family holdings. Explanation 1.- In this section, the expression "relevant date" means in relation to a tenant referred to in section 46, the 1st day of April 1961, and in relation to a tenant referred to in section 49A, the 1st day of April 1963. Explanation 2.- In this section, "successor-in-interest" means a person who acquired the interest by testamentary disposition or devolution on death.]

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