Section 32(1B) in The Bombay Tenancy and Agricultural Lands Act, 1948
(1B)[ Where a tenant who was in possession of land on the appointed day and who, on account of his being dispossessed of such land or any part thereof by the landlord at any time before the specified date otherwise than in the manner provided in section 29 or any other provision of this Act, is not in possession of such and or any part thereof and such land or part thereof is in the possession of the landlord or his successor-in-interest on the said date and such land or part thereof is not put to a non-agricultural use on or before the said date, then the Mamlatdar shall, notwithstanding anything contained in the said section 29 or any other provision of this Act either suo motu or on an application of the tenant made within the prescribed period hold an inquiry and direct that such land or as the case may be, part thereof shall be taken from the possession of the landlord or, as the case may be, his successor in interest, and shall be restored, to the tenant; and thereafter, the provisions of this section and sections 32A to 32R (both inclusive) shall, so far as they may be applicable, apply thereto, subject to the modification that the tenant shall be deemed to have purchased such land or part thereof on the date on which such land or, as the case may be, part thereof is restored to him:Provided that the tenant shale be entitled to restoration of land or part thereof, as the case may be, under this sub-section only [if he gives an undertaking in writing within such period as may be prescribed] [Sub-section (IB) was inserted by Gujarat 5 of 1973, section 8.] to cultivate it personally and of so much thereof as together with the other land held by him as owner or tenant shall not exceed the ceiling area:[Provided further that -(i)if the tenant fails to give such undertaking within such prescribed period, or if the tenant, after giving such undertaking, refuses to accept the tenancy or possession of the lands, the land the possession of which the landlord or as the case may be, his successor-in-interests is not entitled to retain under this sub-section; or(ii)if the tenant gives such undertaking and accepts such tenancy or possession of the land, such portion of the land referred to in clause (i) to the restoration of which the tenant would not be entitled under the first proviso, shall vest in the State Government free from all encumbrances, and shall be disposed of in the manner provided in sub-section (2) of section 32 P.]Explanation. - In this sub-section "successor in interest" means a person who acquires the interest by testamentary disposition or devolution on death.] [This proviso was inserted, by Gujarat 30 of 1977, section 3(2).]
