Section 121 in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958
121. [ Validation of transfers made in contravention of Bombay LXVIII as extended to Kutch. [Section 121 was substituted for the original by Schedule Ill, Clause 40.]
(1)A transfer of any land in contravention of Section 63 or 64 of the Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay LXVIII of 1948), as extended to the Kutch Area of the [State of Gujarat], made after the 10th May, 1950 and before the commencement of this Act shall not be declared to be invalid merely on the ground that such transfer was made in contravention of the said section if the transferee pays to the State Government a penalty equal to one per cent of the consideration or Rs. 100/-, whichever is less:Provided that, if such transfer is made by the landlord in favour of the tenant in actual possession the penalty leviable in respect thereof shall be one rupee:Provided further that, if any such transfer is made by the landlord in favour of any person other than the tenant in actual possession, and such transfer is made either after the unlawful eviction of such tenant or results in the eviction of the tenant in actual possession, then such transfer shall not be deemed to be validated unless such tenant has failed to apply for the possession of the land under the law for the time being in force within six months from the date of his eviction from the land.(2)On payment of such penalty, the Mamlatdar shall issue a certificate to the transferee that such transfer is not invalid.(3)Where the transferee fails to pay the penalty referred to in sub-section (1), within such period as may be prescribed, the transfer shall be declared by the Mamlatdar to be invalid and thereupon the provisions of sub-sections (3) to (5) of Section 122 shall apply.]
