Section 38(3) in Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958
(3)The right of a landlord to terminate a tenancy under sub-section (1) shall be subject to the following conditions, namely:-(a)If the landlord at the date on which the notice is given and on the date on which it expires has no other land of his own or has not been cultivating personally any other land, he shall be entitled to take possession of the land leased to the extent of three family holdings.(b)If the land cultivated by him personally is less than three family holdings, the landlord shall be entitled to take possession of so much area of the land leased as will be sufficient to make up the area in his possession to the extent of three family holdings.(c)The income by the cultivation of the land of which he is entitled to take possession is the principal source of [income for the maintenance of such landlord (not being a landlord whose total holding whether as tenure holder or tenant or partly as tenure holder and partly as tenant does not exceed one family holding and who earns his livelihood principally by agriculture or by agricultural labour )] [This portion was substituted for the words 'income or his maintenance' by Maharashtra 5 of 1961, s. 8(b).](d)The land leased stands in the record of rights or in any public record or similar revenue record on the 1st day of August 1957 and thereafter during the period between the said date and the date of the commencement of this Act in the name of the landlord himself or any of his ancestors, [but not of any other predecessor-in-title from whom title is derived, whether by assignment or Court sale or otherwise] [This portion was inserted and deemed always to have been inserted by Bombay 4 of 1960, a.6.] or if the landlord is a member of a joint family, in the name of a member of such family.(e)If more tenancies than one are held under the same landlord, then the landlord shall be competent to terminate only the tenancy or tenancies which are the shortest in point of duration.
