Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 12] [Entire Act]

State of Maharashtra - Section

Section 33C in The Maharashtra Tenancy and Agricultural Lands Act, 1948

33C. Tenant of lands mentioned in section 88C to be deemed to have purchased land and other incidental provisions.

(1)Notwithstanding anything contained in sub-section (1) of section 88C, every excluded tenant holding land from a certificated landlord shall, except as otherwise provided in sub-section (3), be deemed to have purchased from the landlord, on the first day of April, 1962, free from all encumbrances subsisting thereon on the said day, the land held by him as tenant, if such land is cultivated by him personally, and
(i)the landlord has not given notice of termination of tenancy in accordance with sub-section (3) of section 33B, or
(ii)the landlord has given such notice, but has not made an application thereafter under section 29 for possession as required by the said sub-section (3), or
(iii)the landlord, not belonging to any of the categories specified in sub-section (4) of section 33B, has not terminated the tenancy on any of the grounds specified in section 14, or has so terminated the tenancy but has not applied to the Mamlatdar on or before the 31st day of March, 1962 under section 29 for possession of the land:
Provided that, where the landlord has made such application for possession, the tenant shall, on the date on which the application is finally decided, be deemed to have purchased the land which he is entitled to retain in possession after such decision.
(2)
(a)Where a tenant, on account of his eviction from the land, by the landlord before the 1st day of April, 1962, is not in possession of the land on the said date, but has made or makes an application for possession of the land under sub-section (1) of section 29 within the period specified in that sub-section, then if the application is allowed by the Mamlatdar, or as the case may be, in appeal by the Collector or in revision by the Maharashtra Revenue Tribunal, he shall be deemed to have purchased the land on the date on which the final order allowing the application is passed.
(b)Where such tenant has not made an application for possession within the period specified in sub-section (1) of section 29 or any application made by him is finally rejected under this Act, and the land is held by any other person as tenant on the expiry of the said period or on the date of the final rejection of the application, such other person shall be deemed to have purchased the land on the date of the expiry of the said period or as the case may be, on the date of the final rejection of the application.
(3)Where the certificated landlord, belonging to any of the categories specified in sub-section (4) of section 33B, has not given notice of terminations of the tenancy of an excluded tenant in accordance with sub-section (3) of that section, or has given such notice but has not made an application thereafter under section 29 for possession as required by the said sub-section (3), such excluded tenant shall have the right to purchase the land held by him as tenant within one year from the expiry of the period specified in sub-section (4) of section 33B:Provided that where the tenancy is terminated and application for possession is made in accordance with the provisions of sub-section (4) of section 33B, the tenant shall, within one year from the date on which such application is finally decided, be entitled to purchase the land which he is entitled to retain in possession after such decision.
(4)An excluded tenant desirous of exercising the right conferred on him under sub-section (3) shall accordingly inform the landlord and the Tribunal in the prescribed manner within the period of one year during which he is entitled to exercise such right under sub-section (3).
(5)The provisions of sections 32 to 32R (both inclusive) shall, so far as may be applicable, apply to the purchase of land by an excluded tenant under this section.]
(III)[ Restriction upon holding land in excess of ceiling area.] [This portion was substituted for sections 34 to 36 by Bombay 13 of 1956, Section 24.]