Section 41 in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958
41. Right of tenant to purchase land.
(1)Notwithstanding anything to the contrary in any law, usage or contract but subject to the provisions of Sections 42 to 44 (both inclusive) a tenant [***] [The words 'other than an occupancy tenant' were deleted, by Schedule Ill, Clause 19.] shall, in the case of land held by him as a tenant, be entitled to purchase from the landlord the land held by him as a tenant and cultivated by him personally [unless the land is held by him as a tenant from a landlord to whom the provisions of Chapter III-A are applicable] [These words, figure and letters were inserted by Gujarat 24 of 1965, Section 15 (1).].(2)Where the landlord is of the following category, namely:-(a)a minor,(b)a widow,[***,] [Clause (c) and item (ii) were deleted by Gujarat 24 of 1965, Section 15 (2) (a).] or(d)a person subject to any physical or mental disability, such tenant shall be entitled to purchase the landlord's interest under this section after the expiry of two years from the date on which-(i)the landlord of category (a) attains majority.(ii)[***] [Clause (c) and item (ii) were deleted by Gujarat 24 of 1965, Section 15 (2) (a).](iii)the landlord of category (d) ceases to be subject to such disability, and(iv)the interest of the landlord of category (b) in the land ceases to exist:Provided that where land is held by the tenant under two or more joint landlords, this sub-section shall not apply if at least one joint landlord is outside the categories specified in [clauses (a), (b) and (d)] [These words, brackets and letters were substituted for the words, brackets and letters, 'Clauses (a) to (d)', by Gujarat 24 of 1965, Section 15 (2) (b).] of this sub-section:Provided further that where a person of any such category is a member of a joint family this sub-section shall not apply, if at least one member of the joint family is outside such categories, unless the share of such person in the joint family has been separated by metes and bounds before the prescribed date and the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule III, Clause 1.] on inquiry is satisfied that the share of such person in the land is separated having regard to the area, assessment, classification and value of the land in the same proportion as the share of that person in the entire joint family property and not in larger proportion.(3)Nothing in Section 91 shall affect the right of a tenant to purchase under this section the land held by him on lease.
