Section 25 in The Bombay Tenancy and Agricultural Lands Act, 1948
25. Relief against termination of tenancy for non-payment of rent.
- [(1) Where any tenancy of any land held by any tenant is terminated for payment of rent and the landlord files any proceeding to eject the tenant the Mamlatdar shall call upon the tenant to tender to the landlord the rent in arrears together with the cost of the proceeding, within [three months] [Section 25 was renumbered as sub-section (1) of that section by Bombay 33 if 1952, section 5.] from the date of order, and if the tenant complies with such order, the Mamlatdar shall, in lieu of making an order for ejectment, pass an order directing that the tenancy had not been terminated and thereupon the tenant shall hold the land as if the tenancy had not been terminated:[Provided that if the Mamlatdar is satisfied that in consequence of total or partial failure of crops or similar calamity the tenant has been unable to pay the rent due, the Mamlatdar may, for reasons to be recorded in writing, direct that the arrears of rent together with the costs of the proceedings if awarded shall be paid within one year from the date of the order and that if before the expiry of the said period the tenant fails to pay the said arrears of rent and costs, the tenancy shall be deemed to be terminated and the tenant shall be liable to be evicted.] [This proviso was added by Bombay 33 of 1952, section 5(1).](2)[ Nothing in this section] [These brackets, figure and words were substituted for the words 'Provided that nothing in this section' by Bombay 33 of 1952, section 5(2).] shall apply to any tenant whose tenancy is terminated for non-payment of rent if he has failed for any three years to pay rent [and landlord has given intimation to the tenant to that effect within a period of three months on each default.] [These words were substituted for the words and figures 'within the period specified in section 14' by Bombay 13 of 1956, section 17(2).]]
