Right of landlord to terminate tenancy.

§57B

Summary

(1) Notwithstanding anything contained in the foregoing provisions of this Act, but subject to the provisions of this section, it shall be lawful to a landlord at any time after the commencement of the Tenancy and Agricultural Lands Laws (Amendment) Act, 1964 (Mah. XXXIX of 1964), to terminate the tenancy of any land and obtain possession thereof, but- (a) of so much of such land as will be sufficient to make up the total land in his actual possession equal to three family holding; and (b) where the landlord is a member of a joint family, only to the extent of his share in the land (not exceeding three family holdings) held by the joint family, provided that the Tahsildar on inquiry is satisfied that such share has (regard being had to the area assessment, classification and value of land), been separated by means and bounds in the same proportion as his share in the entire joint family property, and not in a larger proportion. (2) No tenancy of any land shall be terminated under sub-section (1), unless a notice in writing is given to the tenant and an application for possession under sub-section (3A) of section 36 is made to the Collector: Provided that in the case of a landlord who has ceased to be a serving member of the armed forces, such notice shall be given and application made within two years from the date of such cessor and if he dies before the expiry of these two years without giving such notice or making such application, then within two years from the date of his death. (3) Nothing in this Chapter shall,- (a) apply to a tenancy of land created (after obtaining possession thereof under the provisions of this Chapter) by a landlord who has ceased to be a serving member of the armed forces; but the provisions of section 50 shall apply to such tenancy as they apply in relation to tenancy created after the date referred to in sub-section (1) of section 49A; (b) entitle a landlord who has ceased to be a serving member of the armed forces (as a result of his being duly dismissed or discharged after a court martial or on account of bad character or as a result of desertion) or who has not been attested, to terminate the tenancy of his land under this section. 1[ * * *] (4) Nothing in the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bom. LXII of 1947), shall affect the termination of any tenancy under this Chapter.

(1) Notwithstanding anything contained in the foregoing provisions of this Act, but subject to the provisions of this section, it shall be lawful to a landlord at any time after the commencement of the Tenancy and Agricultural Lands Laws (Amendment) Act, 1964 (Mah. XXXIX of 1964), to terminate the tenancy of any land and obtain possession thereof, but- (a) of so much of such land as will be sufficient to make up the total land in his actual possession equal to three family holding; and (b) where the landlord is a member of a joint family, only to the extent of his share in the land (not exceeding three family holdings) held by the joint family, provided that the Tahsildar on inquiry is satisfied that such share has (regard being had to the area assessment, classification and value of land), been separated by means and bounds in the same proportion as his share in the entire joint family property, and not in a larger proportion. (2) No tenancy of any land shall be terminated under sub-section (1), unless a notice in writing is given to the tenant and an application for possession under sub-section (3A) of section 36 is made to the Collector: Provided that in the case of a landlord who has ceased to be a serving member of the armed forces, such notice shall be given and application made within two years from the date of such cessor and if he dies before the expiry of these two years without giving such notice or making such application, then within two years from the date of his death. (3) Nothing in this Chapter shall,- (a) apply to a tenancy of land created (after obtaining possession thereof under the provisions of this Chapter) by a landlord who has ceased to be a serving member of the armed forces; but the provisions of section 50 shall apply to such tenancy as they apply in relation to tenancy created after the date referred to in sub-section (1) of section 49A; (b) entitle a landlord who has ceased to be a serving member of the armed forces (as a result of his being duly dismissed or discharged after a court martial or on account of bad character or as a result of desertion) or who has not been attested, to terminate the tenancy of his land under this section. 1[ * * *] (4) Nothing in the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bom. LXII of 1947), shall affect the termination of any tenancy under this Chapter.

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