Section 38(3) in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958
(3)The right of a landlord to terminate a tenancy under sub-section (1) shall be subject to the following conditions, namely:-(a)If the landlord at the date on which the notice is given and on the date on which it expires has no other land of his own or has not been cultivating personally any other land, he shall be entitled to take possession of the land leased to the extent of three family holdings.(b)If the land cultivated by him personally is less than three family holdings, the landlord shall be entitled to take possession of so much area of the land leased as will be sufficient to make up the area in his possession to the extent of three family holdings.(c)The income by the cultivation of the land of which he is entitled to take possession is the principal source of income for his maintenance.(d)The land leased stands in the record of rights or in any public record or similar revenue record on the 1st day of August 1957 and thereafter during the period between the said date and the date of the commencement of this Act in the name of the landlord himself or any of his ancestors [but not of any other predecessor-in-title from whom title is derived, whether by assignment of Court sale or otherwise] [These words shall be and shall be deemed always to have been inserted by Bombay 4 of 1960, Section 6.], or if the landlord is a member of a joint family in the name of a member of such family.(e)If more tenancies than one are held under the same landlord, then the landlord shall be competent to terminate only the tenancy or tenancies which the entire land leased by him,
