Section 84CC in The Bombay Tenancy and Agricultural Lands Act, 1948
84CC. [ Dispossession of land in certain circumstances to be ineffective. [Section 84CC was inserted by Gujarat 5 of 1973, section 20.]
(1)Where any person who had surrendered his tenancy in respect of any land or part thereof at any time after 31st March 1957 but before 5th December, 1972, the date of the publication in the Official Gazette of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Bill, 1972 (L.A. Bill No. 43 of 1972) (hereinafter referred to as the latter date) and had continued to remain in actual possession, with or without the consent of the landlord, of such land or, as the case may be, part thereof till the latter date had been dispossessed of such land or part thereof by the landlord at any time during the period between the latter date and the specified date, and the Mamlatdar suo motu or on the application of the person so dispossessed or of any other person interested in such land or part thereof has reason to believe that such dispossession was effected in anticipation in order to defeat the object of section 32FF, the Mamlatdar shall issue a notice in the prescribed form to the landlord to show cause as to why such dispossession should not be declared to have been effected in anticipation in order to defeat the object of section 32FF.(2)If after hearing the landlord and holding such inquiry as the Mamlatdar thinks fit, the Mamlatdar declares that the dispossession was effected in anticipation in order to defeat the object of section 32FF, he shall direct that the land or, as the case may be, part thereof, shall be restored to the person who has been dispossessed.(3)If the person to whom the land, or, as the case may be, part thereof, if directed to be restored refuses to take possession thereof, the land shall be deemed to vest in the State Government free from all encumbrances lawfully subsisting thereon on the date of such vesting and shall be disposed of in the manner provided in sub-section (4) of section 84C.(4)If the person to whom the land, or as the case may be, part thereof, is directed to be restored takes possession thereof, such person shall be deemed to have continued to remain in actual possession thereof during the period of dispossession as if he had not been dispossessed of such land, or, as the case may be, part thereof.]
