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State of Bihar - Section

Section 5 in Bihar Privileged Persons Homestead Tenancy Act, 1947

5. Privileged tenant ejected from homestead within one year before the date of commencement of the Bihar Privileged Persons Homestead Tenancy (Amendment) Act, 1952 to be deemed to have held it on such date continuously for a period of one year.

(1)if any privileged tenant has been ejected by his landlord from his homestead or any part thereof, within one year before the date of the [commencement of the Bihar Privileged Persons Homestead Tenancy (Amendment) Act, 1952 (Bihar Act XXIII of 1952)] [Sustituted by Act 23 of 1952 for 'commencement of this Act'.] otherwise than in due course of law, such tenant shall, for the purposes of Section 4, be deemed to have held such homestead or part thereof, as the case may be, continuously for a period of one year before the 2[commencement of the Bihar Privileged Persons Homestead Tenancy (Amendment) Act, 1952] and he may apply to the Collector for the restoration of his possession over the homestead or part thereof from which he has been so ejected.
(2)[ The Collector may, on receipt of an application under sub-section (1) or on his own motion, after making such enquiry as he deems fit, order that the Privileged tenant shall be put in possession of the homestead or part thereof, from which he has been so ejected.] [Substituted by Act, 33 of 1954.]