Section 33B(5) in The Maharashtra Tenancy and Agricultural Lands Act, 1948
(5)The right of a certificated landlord to terminate a tenancy under this section shall be subject to the following conditions, that is to say,-(a)If any land is left over from a tenancy in respect of which other land has already been resumed by the landlord or his predecessor-in-title, on the ground that other land was required for cultivating it personally under section 31 (or under any earlier law relating to tenancies then in force), the tenancy in respect of any and so left over shall not be liable to be terminated under sub-section (1).(b)The landlord shall be entitled to terminate a tenancy and take possession of the land leased but to the extent only of so such thereof as would result in both the landlord and the tenant holding thereafter in the total an equal area for personal cultivation - the area resumed or the area left with the tenant being a fragment, notwithstanding, and notwithstanding anything contained in section 31 of the Bombay Presentation of Fragmentation and Consolidation of Holdings Act, 1947.(c)The land leased stands in the Record of Rights (or in any public record or similar revenue record) on the 1st day of January, 1952 and thereafter until the commencement date in the name of the landlord himself, or of any of this ancestors (but not of any person from whom title is derived by assignment or Court sale or otherwise) or if the landlord is a member of a joint family, in the name of a member of such family.
