Section 12 in Andhra Pradesh (Andhra Area) Tenancy Act, 1956
12. [Resumption of possession of land leased by landlord for his personal cultivation:. [Substituted by Act No. 39 of 1974.]
(1)Notwithstanding anything in Section 10, a landlord who is in good faith requires for his personal cultivation any land leased by him to a cultivating tenant shall be entitled to resume possession of the land, so however, that the total extent of the land, held by the landlord under his personal cultivation after such resumption does not exceed two thirds of the ceiling area as defined in clause (c) of Section 3 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (Act 1 of 1973):Provided that such right of resumption shall be limited to an extent which shall, after such resumption leave, with the cultivating tenant all area which is not less than one-half of the land held by him under lease prior to such resumption.Explanation: In determining the total extent of land held by a landlord under his personal cultivation, any transfer of land under his personal cultivation made on or after the 14th March, 1970 shall be disregarded and the land so transferred shall be deemed to be held under his personal cultivation.(2)The right of resumption of land for personal cultivation under sub-section (1) may be exercised:(a)in the case of a lease subsisting at the commencement of the Andhra Pradesh (Andhra Area) Tenancy (Amendment) Act, 1974 by making an application in this behalf to the Special Officer within a period of six months from the date of such commencement;(b)in the case of a lease entered into on or after the commencement of the Andhra Pradesh (Andhra Area) Tenancy (Amendment) Act, 1974, at the end of the period of such lease or where such lease has been renewed at the end of the period of such renewed lease, by giving to the cultivating tenant and the Special Officer at least four months notice expiring with the period of the lease or renewed lease, as the case may be:Provided that in the case of a minor, a person suffering from physical or mental disability, a person serving in the Armed Forces of the Union and a widow, the right of resumption under clause (a) or clause (b) may also be exercised at any time:(i)in the case of a minor, within a period of six months from the date of his attaining majority;(ii)in the case of person suffering from physical or mental disability within a period of six months after such disability has ceased;(iii)in the case of person serving in the Armed Forces of the Union, within a period of six months from the date of termination of his service in the Armed Forces; and(iv)In the case of a widow, within a period of six months from the date of her re-marriage:Provided further that the right of resumption under this section shall not be exercised more than once in respect of the holding of a cultivating tenant.(3)Where a landlord who has resumed possession of any land for personal cultivation under this section fails to cultivate the land so resumed personally, within a period of one year from the date of such resumption, or having commenced personal cultivation within that period, discontinues such cultivation for a continuous period of not less than one year within a period of six years from the date, the Special Officer shall, on an application made by the cultivating tenant who was in possession of the land at the time of such resumption and after making enquiry, restore to the cultivating tenant, as soon as may be, the possession of the land and on such restoration such cultivating tenant shall hold such land with the same rights and on the same terms and conditions as before the resumption, subject to the provisions of Sections 3 and 6.Explanation: Where a cultivating tenant has died after the resumption of the land, an application for restoration under this sub-section may be made by any of his heirs referred to in Explanation-1 under Section 10.]
