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State of Gujarat - Section

Section 16 in The Bombay Tenancy and Agricultural Lands Act, 1948

16. Bar to eviction from dwelling house.

(1)If in any village a tenant, is in occupation of a dwelling house built at the expenses of such tenant or his predecessor-in-title on a site belonging to his landlord, such tenant shall not be evicted from such dwelling house (with the materials and the site thereof and the land immediately appurtenant thereto and necessary for its enjoyment) unless-
(a)the landlord proves that the dwelling house was not built at the expense of such tenant or his predecessor-in-title; and
(b)such tenant makes [any three defaults] [These words were substituted for the words 'a default' by Bombay 13 of 1956, section 12(1).] in the payment of rent, if any, which he has been paying for the use and occupation of such site.
(2)The provisions of sub-section (1) shall not apply to a dwelling house which is situated on any land used for the purposes of agriculture from which he has been evicted under [section 31] [These words and figures were substituted for the words, brackets and figures 'sub-section (1) of section 4' by Bombay 13 of 1956, section 12(2).].