44. Landholder's right to terminate protected tenancy:.
(1)Subject to the provisions of sub-section (8) a landholder who, on the date on which the Hyderabad Tenancy and Agricultural Lands (Amendment) Act, 1954 comes into force, is not already cultivating personally an area equal to three times the family holding for the local area concerned and who in good faith requires land leased out to a protected tenant for cultivating personally may, notwithstanding anything contained in Section 19 of the Act, terminate the tenancy and resume such land or portion of such land that would, together with the land which he is already cultivating personally, either as owner or protected tenant, be equal to three times the family holding, by making an application in the manner prescribed to the Collector or any other officer whom the Government may from time to time authorise in this behalf:Provided that after the commencement of the Hyderabad Tenancy and Agricultural Lands (Amendment) Act, 1955, no such landholder shall be entitled to exercise the right of resumption under this sub-section unless he has within a period of eighteen months from the commencement of the said Act filed with the Deputy Collector, in the prescribed manner, a statement of reservation demarcating the lands which he reserves for the exercise of the rights or resumption under this section. On such statement being filed, the Deputy Collector shall, as soon as may be, after making necessary enquiry, issue a certificate to the landholder in the prescribed manner to the effect that the lands have been so reserved. The tight to terminate tenancy shall be exercisable only in respect of the lands specified in the certificate as so reserved and shall not extend to any other land.(2)The landholder's right to terminate tenancy of any protected tenant under sub-section (1) shall be limited to an area which shall after such termination, leave with the protected tenant an area, which together with the land owned by him or cultivated by him as a protected tenant, is equal to a basic holding for the local area concerned:Provided that, where by such resumption the land that will be left with protected tenant together with other land owned or cultivated by him will be less than a basic holding, the landholder's right of terminating the tenancy, shall be limited to half the area of land leased out by him to the said protected tenant:Provided further, that where the land owned by a landholder does not exceed a basic holding he will be entitled to resume the entire land leased by him.(3)Nothing in sub-section (1) shall entitle the landholder to resume more than a family holding unless the income by the cultivation of such land will be the main source of income of the landholder for his maintenance.(4)The Government shall provide by rules for:(i)manner of conducting enquiries into the applications for resumption;(ii)the manner of filing reservation statement of lands reserved for resumption and the issue of certificate by the Deputy Collector;(iii)selection of lands for resumption;(iv)exchange and consolidation of fragments to secure as far as possible contiguous blocks to the landholder, or the protected tenant;(v)time when the resumption will take effect;(vi)any other matter as may be considered necessary for giving effect to the provisions of this section.(5)(a)The right of termination of the tenancy of any protected tenant under sub-sections (1), (2) and (3) shall cease after five years from the date of the commencement of the Hyderabad Tenancy and Agricultural Lands (Amendment) Act, 1954.(b)The tenancy in respect of the land left with the protected tenant after termination under this section shall not at any time be liable to be terminated on the ground that the landholder bona fide requires the said land for the purpose specified in sub-section (1).(6)Notwithstanding anything contained in this section a protected tenant of any land reserved for resumption under sub-section (1) shall be entitled within the said period of five years to exercise his right to purchase under Section 38 the land held by a landholder in excess of two family holdings, provided that such landholder before the expiry of three months from the date of receipt of the notice under sub-section (2) of Section 38, selects the land which together with the land, if any, which he is cultivating personally is equal to the area of three family holdings, and also initiates proceedings for its resumption.(7)If the tenancy of a protected tenant is terminated under this section in respect of part only of the land leased to him, the amount of the rent thereof payable by him shall be proportionately determined in the prescribed manner.(8)Nothing in this section shall entitle a landholder to terminate the tenancy of a protected tenant who is for the time being a member of Co-operative Farming Society.
