Section 36 in Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958
36. Procedure of taking possession.
(1)A tenant or an agricultural labourer or artisen entitled to possession of any land or dwelling house or site used for any allied pursuit under any of the provisions of this Act or as a result of eviction in contravention of sub-section (2) may apply in writing for such possession to the Tahsildar. The application shall be made in such form as may be prescribed and within a period of [three years] [These words were substituted for the words 'two years' by Maharashtra 5 of 1961, s.6.] from the date on which the right to obtain possession of the land, dwelling house or site is deemed to have accrued to the tenant, agricultural labourer or artisan, as the case may be.(2)[Save as otherwise provided in sub-section (3-A), no landlord] [These words were substituted for the words 'No landlord' by 39 of 1964, s.2, Scheme.] shall obtain possession of any land, dwelling house or site used for any allied pursuit held by a tenant except under as order of the Tahsildar. For obtaining such order he shall make an application in the prescribed form and within a period of two years from the date on which the right to obtain possession of the land, dwelling house or site, as the case may be, is deemed to have accrued to him:[***] [The proviso was deleted, by Maharashtra 5 of 1961, s.7.](3)On receipt of an application under sub-sections (1) or (2), the Tahsildar shall, after holding an inquiry, pass such order thereon as he deems fit:Provided that where an application under sub-section (2) is made by a landlord in pursuance of the right conferred on him under Section 38, the Tahsildar may first decide as preliminary issue, whether the conditions specified in clauses (c) and (d) of subsection (3) and clauses (b), (c) and (d) of sub-section (4) of that section are satisfied. If the Tahsildar finds that any of the said conditions are not satisfied, he shall reject the application forthwith.[(3-A) Where a landlord proceeds for termination of the tenancy under sub-section (1) of Section 57-B, then notwithstanding anything contained in this Act, the application for possession of the land shall be made to the Collector, who shall, after holding an inquiry in the prescribed manner, pass such order thereon as he deems fit.] [Sub-section (3A) was inserted by Maharashtra 39 of 1964, s.2, Scheme.](4)Any person taking possession of any land, dwelling house or site used for any allied pursuit except in accordance with the provisions of [sub-sections (1), (2), or as the case may be (3-A)] [This portion was substituted for the words brackets and figures 'sub -section (1) or (2) as the case may be ibid.] shall be liable to forfeiture of crops, if any, grown in the land in addition to payment of costs as may be directed by the Tahsildar or by the Collector and also to the penalty prescribed in Section 117.
