Section 32T(5) in The Bombay Tenancy and Agricultural Lands Act, 1948
(5)The right of a certified landlord to terminate a tenancy under this section shall be subject to the following conditions, namely:-(a)that if before the commencement of the Bombay Tenancy and Agricultural Land (Gujarat Amendment) Act, 1960 (Gujarat XVI of 1960), the landlord has already under section 31 or under any other law then in force terminated the tenancy of any land held by the same tenant on the ground that he required if for personal cultivation thereof or for non-agricultural use and taken possession, he shall not be entitled to terminate a tenancy under the provisions of sub-section (1)(b)that notwithstanding anything contained in the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bombay LXII of 1947), the landlord shall be entitled to take possession of the land leased to the extent of half the area thereof;Provided that if at the date on which the application for possession is made by the landlord to the Mamlatdar in accordance with sub-section (3) or (4)-(i)the landlord has not been cultivating personally any other land or has been cultivating personally other land less than half an economic holding, and(ii)the tenant has been cultivating and is entitled to continue to cultivate personally other land exceeding half an economic holding the landlord shall be entitled to take possession of the whole of the land leased;(c)that the land leased stands in the Record of Rights or in any public record or similar revenue record on the 1st day of January, 1952 and thereafter until the commencement date in the name of the landlord himself, or of any of his ancestors but not of any other predecessor-in-title from whom title is derived by a assignment or court sale or otherwise, or of a joint family of which the landlord is a member;(d)that the landlord shall not be entitled to the possession of the land, if an application under clause (iv) of sub-section (1) of section 88D has been made and has not been rejected.
