Section 52 in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958
52. Landlord to restore possession if he fails to cultivate within one year.
(1)Where after terminating the tenancy of any land under [Section 34 of the Bombay Tenancy and Agricultural Lands Act, 1948 as extended to the Kutch area of the State of Bombay,] [These words and figures were substituted for the words and figures 'Section 9 of the Berar Regulation of Agricultural Leases Act, 1951' by Schedule Ill, Clause 26.] or under Section 38 [* *] [The figures and word 'or 39' were deleted by Schedule Ill, Clause 26.] of this Act, the landlord has taken possession of such land and he fails to use the land for the purpose specified in the notice given under the said [Section 34] [These word and figures were substituted for the word and figure 'Section 9', by Schedule Ill, Clause 26.] or as the case may be, Section 38 [ * *] [The figures and word 'or 39' were deleted by Schedule III, Clause 26.] within one year from the date on which he took possession or ceases to use it at any time for any of the aforesaid purposes within twelve years from the date on which he took such possession, the landlord shall forthwith restore possession of the land to the tenant whose tenancy was terminated by him, unless he has obtained from the tenant his refusal in writing to accept the tenancy on the same terms and conditions or has offered in writing to give possession of the land to the tenant on the same terms and conditions and the tenant has failed to accept the offer within three months of the receipt thereof:Provided that no refusal of the tenant shall be valid unless it has been verified before the [Mamlatdar] [This word was substituted for the word 'Tahsildar', by Schedule III, Clause 1.] in the prescribed manner.(2)After the tenant has recovered possession under sub-section (1) he shall, subject to the provisions of this Act, hold such land on the same terms and conditions on which he held it at the time his tenancy was terminated.(3)If the landlord has failed to restorer possession of the land to the tenant as provided in sub-section (1) he shall be liable to pay such compensation to the tenant as may be determined by the This [Mamlatdar] [word was substituted for the word 'Tahsildar', by Schedule III, Clause 1.] for the loss suffered by the tenant on account of eviction.(4)If at any time the tenant makes an application to the [Mamlatdar] [This word was substituted for the word 'Tahsildar', by Schedule III, Clause 1.] and satisfies him that the landlord has failed to comply within a reasonable time with the provisions of sub-section (1), the tenant shall be entitled on a direction by the [Mamlatdar] [This word was substituted for the word 'Tahsildar', by Schedule III, Clause 1.] to obtain immediate possession of the land and to such compensation as may be awarded by the [Mamlatdar] [This word was substituted for the word 'Tahsildar', by Schedule Ill, Clause 1.] for any loss caused to the tenant by eviction and by failure on the part of the landlord to restore or give possession of the land to him as required by sub-section (1).(5)[ The provisions of this Section shall not apply to a landlord who becomes a serving member of the armed forces; and on that account fails to use the land or ceases to use it, for the purpose specified in the notice referred to in sub-section (1) and within the period specified in that sub-section.] [Sub-section (5) was added by Gujarat 24 of 1965, Section 17.]
