Section 29 in The Bombay Tenancy and Agricultural Lands Act, 1948
29. [ Procedure of taking possession. [Pending applications, appeals, revision applications not to be dismissed if filed, within period of two years:-Section 4 of Bombay XLV of 1951 reads as under:-4. If at the date when this Act comes into force an application under section 29 of the said Act is pending before the Mamlatdar or the Tribunal, or an appeal or an application for revision arising out of such application is pending before the Collector or the Bombay Revenue Tribunal as the case may be, on such date, such application, appeal or application for revision shall not be dismissed only on the ground that the said application under section 29 of the said Act was not made within the period of limitation, if it was made within the period prescribed by section 29 of the said Act as amended by this Act.]
(1)A tenant or an agricultural labourer or artisan entitled to possession of any land or dwelling house under any of the provisions of this Act may apply in writing for such possession to the Mamlatdar. The application shall be made in such form as may be prescribed [and within a period of two years from the date on which the right to obtain possession of the land or dwelling house is deemed to have accrued to the tenant, agricultural labourer or artisan, as the case may be.](2)[Save as otherwise provided in sub-section (3-A), no landlord] [These words, brackets, figures and letter were substituted for the words 'No landlord' by Gujarat 24 of 1965, section 2(1).] shall obtain possession of any land or dwelling house held by a tenant except under the order of the Mamlatdar. For obtaining such order he shall make an application in the prescribed form [and within a period of two years from the date on which the right to obtain possession of the land or dwelling house, as the case may be, is deemed to have accrued to him.] [These words were added by Bombay 45 of 1951, section 2(ii).](3)On receipt of application under sub-section (1) or (2) the Mamlatdar shall, after holding an inquiry, pass such order thereon as he deems fit:[Provided that where an application under sub-section (2) is made by a landlord in pursuance of the right conferred on him under section 31, the Mamlatdar shall first decide, as preliminary issues, whether the conditions specified in clause (c) and (d) of section 31A and sub-section (2) and (3) of section 31 B are satisfied. If the Mamlatdar finds that any of the said conditions is not satisfied, he shall reject the application, forthwith.] [This proviso was inserted by Bombay 38 of 1957 section 9](3A)[ Where a landlord proceeds for termination of the tenancy under sub-section (1) of section 43-IB, then, notwithstanding anything contained in this Act, the application for possession of the land shall be made to the collector, who shall, after holding an inquiry in the prescribed manner, pass such order thereon as he deems fit.] [Sub-section (3A) was inserted by Gujarat 24 of 1965, section 2(2)](4)Any person taking possession of any land or dwelling house except in (accordance with the provisions of [sub-section (1), (2) or as the case may be, (3A)] [These words, brackets, figures and letter were substituted for the words, brackets and figures 'sub-section (1) or (2), as the case may be' by Gujarat 24 of 1965, section 2(3).] shall be liable to forfeiture of crops, if any, grown in the land in addition to payment of costs as may be directed by the Mamlatdar or by the Collector and also to the penalty prescribed in section 81.]
