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[Cites 0, Cited by 0] [Section 34] [Entire Act]

State of Telangana - Subsection

Section 34(1) in Telangana Tenancy and Agricultural Lands Act, 1950

(1)A person shall, subject to the provisions of subsections (2) and (3), be deemed to be a protected tenant in respect of land if he, -
(a)has held such land as a tenant continuously,-
(i)for a period of not less than six years, being a period wholly included in the Fasli years 1342 to 1352 (both years inclusive), or
(ii)for a period of not less than six years immediately preceding the 1st day of January, 1948, or
(iii)for a period of not less than six years commencing not earlier than the 1st day of the Fasli year 1353 (6th October, 1943), and completed before the commencement of this Act, and
(b)has cultivated such land personally during such period:
[Provided that where the landholder is a minor or is serving in the Naval, Military or Air Forces in India, the tenant shall not be deemed to be a protected tenant if before the expiration of one year from the date on which the minor attains majority or the landholder ceases to serve in the said forces, the landholder gives three months' notice in writing intimating his decision to terminate the tenancy if in good faith he requires the land to cultivate personally:Provided further that where the landholder is a person permanently incapable of cultivating the land by reason of mental disability the tenant shall not be deemed to be a protected tenant if before the expiry of one year from the death of the land-holder, the person who succeeds to the land gives three months' notice in writing intimating his decision to terminate the tenancy if in good faith he requires the land to cultivate personally.Explanation. - Where the land is held under more than one joint landholders the last two provisos shall not apply unless all such landholders are subject to a disability specified in the said provisos.] [Amended by Act No.III of 1954.]Explanation-I. - If the person who held such land as a tenant on the date of expiry of any of the three qualifying periods mentioned in clause (a) came to hold the same by inheritance or succession from another person who so held the land or if he has held such land as tenant and is an heir to such other person, the period during which such other person held such land as a tenant shall be included in calculating such qualifying period.Explanation-II. - If the person who held such land as a tenant on the date of expiry of any of the three qualifying periods mentioned in clause (a), held as a tenant at any time within six years before the said date from the same landholder in the same village any other land which he cultivated personally, the period during which he held such other land shall be included in calculating such qualifying period.Explanation-III. - Where any land is held by two or more persons jointly as tenants all such persons shall, if any of them cultivated and continues to cultivate such land personally and, if the other conditions specified in this section are fulfilled, be deemed to be protected tenants in respect of such land.