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[Cites 0, Cited by 0] [Section 37(1)] [Section 37] [Entire Act]

State of Gujarat - Subsection

Section 37(1)(lA) in The Bombay Tenancy and Agricultural Lands Act, 1948

(lA)[ Notwithstanding anything contained in sub-section (1), where in respect of any land the possession of which has been taken by the landlord after the termination of the tenancy under section 31 or 32T, the Mamlatdar suo motu or on application from any person interested in such land has reason to believe that the landlord has failed to use the land for any of the purpose specified in the notice given to the tenant under section 31 or 32T, within one year from the date on which he took possession of the land or ceases or has ceased to use it for the purpose specified in the notice, at any time within twelve years from the date on which he took possession, or has transferred the land to any other person and such transfer is inconsistent with the ground on which the tenancy of the land was terminated, the Mamlatdar shall, after issuing a notice to the landlord or as the case may be, to the landlord and the transferee both, in the prescribed form to show cause why the landlord should not be disentitled to retain possession of the land, or, as the case may be, why the transfer should not be declared invalid and after holding such inquiry as he deems fit, declare that the landlord shall not be entitled to retain possession of the land or, as the case may be, that the transfer of the land shall be invalid and that the transferee shall be deemed to be unauthorisedly occupying the land.
(IB)Where in the case of any landlord a declaration has been made under subsection (1-A) that he shall not be entitled to retain possession of the land, such landlord shall forthwith offer in writing to the tenant whose tenancy was terminated to give possession of the land on the same terms and conditions on which the tenancy was held before its termination. If within three months of the receipt of such offer the tenant accepts such offer the landlord shall forthwith restore possession of the land to the tenant and if within the said period the tenant refuses in writing or fails to accept the tenancy, the land shall vest in the State Government free from all encumbrances lawfully subsisting thereon on the date of such vesting.] [Sub-section [(1A) and (IB) were inserted by Gujarat 5 of 1973, section 15(1).]