(1)If upon the termination of a tenancy under Section 44 the landholder:(a)does not within one year from the date on which he resumed possession of the land cultivate the same personally, or(b)having commenced such cultivation, discontinues the same within ten years of the said date, he 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 terms and conditions prevailing before the termination of the tenancy or has offered in writing to give possession of the land to the tenant on the said terms and conditions and the tenant has failed to accept the offer within three months of the receipt thereof:Provided that such refusal by the protected tenant to accept the tenancy shall be recorded before and to the satisfaction of the Tahsildar.
