Section 4 in The Bombay Tenancy and Agricultural Lands Act, 1948
4. Persons to be deemed tenants.
- A person lawfully cultivating any land belonging to another person shall be deemed to be a tenant if such land is not cultivated personally by the owner and if such person is not-(a)a member of the owner's family; or(b)a servant on wages payable in cash or kind but not in crop share or a hired labourer cultivating the land under the personal supervision of the owner or any member of the owner's family, or(c)a mortgagee in possession.Explanation [I] [The existing Explanation was renumbered as Explanation I by Bombay 38 of 1957, section 3.]: - A person shall not be deemed to be a tenant under this section if such person has been on an application made by the owner of the land as provided under section 2A of the Bombay Tenancy Act, 1939 (Bombay XXIX of 1939), declared by a competent authority not to be a tenant.[Explanation II: - Where any land is cultivated by a widow or a minor or a person who is subject to physical or mental disability or a serving member of the armed forces through a tenant then notwithstanding anything contained in Explanation I to clause (6) of section 2, such tenant shall be deemed to be a tenant within the meaning of this section.] [Explanation II was inserted by Bombay 38 of 1957, section 3.]
