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[Cites 0, Cited by 6] [Section 49A] [Entire Act]

Bombay Presidency - Subsection

Section 49A(1) in Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958

(1)Notwithstanding anything contained in section 41 or 46, or any custom, usage, decree, contract or grant to the contrary but subject to the provisions of this section, on and from the 1st day of April 1963 the ownership of all land held by a tenant (being land which is not transferred to the tenant under section 46 or Which is not purchased by him under section 41 or 50) shall stand transferred to Sad vest in, such tenant who shall, from the date aforesaid, be deemed to. be the full owner of such land, if such land is cultivated by him personally, and
(i)the landlord has not given notice of the termination of tenancy in accordance with the provisions of sub-section (1) of section 38 or section 39 or sub-section (2) of section 39A ; or
(ii)the landlord has given such notice but has not made an application thereafter under section 36 for possession as required by those sections ; or
(iii)the landlord (being a landlord not belonging to any of the categories specified in sub-section (2) of section 38) has not terminated the tenancy on any of the grounds specified in section 19 ; or has so terminated the tenancy but has not applied to the Tahsildar on or before the 31st day of March 1963 under section 36 for possession of the land :
Provided that, where the landlord has made such application for possession, then the tenant shall, on the date on which the application is finally decided, be deemed to be the full owner of the land which he is entitled 4o retain in possession after such decision.