Section 38(4) in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958
(4)In no case a tenancy shall be terminated-(a)in such manner as will result in leaving with a tenant, after termination, less than half the area of the land leased to him:Provided that where the land held by a landlord as [owner] [This word was substituted for the words 'tenure-holder', by Schedule III, Clause 17.] does not exceed one-third of a family holding, and the landlord does not cultivate personally any other land as a tenant or cultivates personally only so much land as would not alongwith the land held by him as [owner] [This word was substituted for the words 'tenure-holder', by Schedule III, Clause 17.] exceed one-third of a family holding, he shall be entitled to resume for personal cultivation, the entire land leased by him.(b)in such a manner as will result in a contravention of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bombay LXII of 1947) or making any part of the land leased a fragment within the meaning of that Act,(c)if the tenant has become a member of a co-operative farming society and so long as he continues to be such member, or(d)if the tenant is a co-operative farming society.
