Section 32M in The Bombay Tenancy and Agricultural Lands Act, 1948
32M. Purchase to be ineffective on tenant's failure to pay purchase price in lump sum on in instalments, within given period.
(1)On the deposit of the price in lump sum or of the last instalment of such price, the Tribunal shall issue a certificate of purchase in the prescribed form, to the tenant in respect of the land. Such certificate shall be conclusive evidence of purchase. If tenant fails to pay lump sum within the period fixed under clause (ii) of sub-section (1) of section 32K, or is at any time in arrears of four instalments the purchase shall be ineffective and the land shall be at disposal of the Collector under section 32P and any amount deposited by such tenant towards the price of the land shall be refunded to him.(2)[ In the case of the purchase of any land by a tenant, which before the date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1956 (Gujarat 36 of 1956), has become ineffective by reason of the failure of the tenant to pay the lump sum within the period fixed under clause (ii) of sub-section (1) of section 32K or the tenant remaining in arrears of four instalments, if the tenant deposits with the Tribunal within a period of three years from the date of such commencement the entire amount of the price of the land as fixed under section 32K or, as the case may be, such portion of the price so fixed as may have remained unpaid, together with the interest, if any, payable under section 32K, the purchase of the land shall be deemed not to have become so ineffective and the Tribunal shall issue a certificate of purchase to the tenant under sub-section (1)] [Sub-section (2) was inserted by Gujarat 36 of 1965, section 3 (w.e.f. 01-02-1966).](3)[ Notwithstanding the expiry of the period specified in sub-section (2), if the tenant of land to which sub-section (2) applies deposits with the Tribunal within a period of two years after the expiry of the period mentioned in sub-section (2) the entire amount of the price of the land or, as the case may be, the portion of the price, together with interest, as specified in the said sub-section (2), the purchase of the lands shall be deemed not to have become ineffective and the Tribunal shall issue a certificate of purchase to the tenant under sub-section (1).(4)In the case of the purchase of any land by a tenant which at any time after the date of the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1965 (Gujarat 36 of 1956), has become ineffective by reason of the failure of the tenant to pay the lump sum within the period fixed under clause (ii), of sub-section (1) of section 32K or the tenant remaining in arrears of four instalments, if such land has not been disposed of by the Collector in the manner provided in sub-section (2) of section 32P, then, if the tenant deposits with the Tribunal within the period of two years after the expiry of the period mentioned in sub-section (2) the entire amount of the price of the land as fixed under section 32K, or, as the case may be, such portion of the price so fixed as may have remained unpaid, together with the interest, if any, payable under section 32K, the purchase of the land shall be deemed not to have become so ineffective and the Tribunal shall issue a certificate of purchase to the tenant under sub-section (1).] [Sub-section (3) and (4) were inserted by Gujarat 15 of 1969, section 2.](5)[ Notwithstanding the expiry of the period specified in sub-section (3) or (4)-(a)if the tenant of land to which sub-section (3) or, as the case may be, sub-section (4) applies and which has not been disposed of by the Collector in the manner provided in sub-section (7) of section 32P, deposits with the Tribunal at any time before two months after the commencement of the Bombay Tenancy and Agricultural Lands (Gujarat Amendment) Act, 1981 (Gujarat 13 of 1981), or(b)if the specified tenant of land to which sub-section (3) or, as the case may be, sub-section (4) applies and which has not been disposed of by the Collector in the manner provided in sub-section (2) of section 32P, deposits with the Tribunal at any time [before the date specified from time to time by notification in the official Gazette, by the State Government in this regard].the entire amount of the price of the land or, as the case may be, the unpaid portion of the price, together with interest, as specified in the said sub-section (3) and (4), as the case may be, the purchase of the land shall be deemed not to have become ineffective and the Tribunal shall issue a certificate of purchase to the tenant or the specified tenant under sub-section (1).Explanation. - For the purposes of this section and sections [32PP, 32PPP and 32-QQ] [Substituted '32PP and 32PPP' by Gujarat Act No. 24 of 2011, dated 25.7.2011.], the expression "specified tenant" means a tenant who holds land (whether as a tenant or owner or otherwise) not exceeding four hectares.] [Sub-section (5) was substituted by Gujarat 13 of 1981, section 2.]
