Section 38 in The Gujarat Tenancy and Agricultural Lands (Vidarbha Region and Kutch) Area Act, 1958
38. Termination of tenancy by landlord for cultivating land personally.
(1)Notwithstanding anything contained in Sections 9 or 19 but subject to the provisions of sub-sections (2) to (5), a [landlord (not being a landlord within the meaning of Chapter III-A) may] [These words, brackets, figures and letter were substituted for the words 'landlord may', by Gujarat 24 of 1965, Section 14 (1).] after giving to the tenant one year's notice in writing at any time within two years from the commencement of this Act and making an application for possession as provided in sub-section (2) of Section 36 terminate the tenancy of the land held by a tenant other than [a permanent tenant] [These words were substituted for the words 'an occupancy tenant' by Schedule III, Clause 17.] if he bona fide requires the land for cultivating it personally.(2)Where the landlord is of the following category, namely :-(a)a minor,(b)a widow,[***] [Clause (c) was deleted by Gujarat 24 of 1965, Section 14 (2) (i).]. or(d)a person subject to any physical or mental disability, then, if he has not given a notice and made an application as required by sub-section (1), such notice may be given and such application may be made-(A)by the landlord within one year from the date on which-(i)in the case of category (a) he attains majority;[***] [Item (ii) of paragraph (A) was deleted, by Gujarat 24 of 1965, Section 14 (2) (ii).](iii)in the case of category (d) he ceases to be subject to such physical or mental disability; and(B)in the case of a widow by the successor-in-title within one year from the date on which the widow's interest in the land ceases to exist:Provided that where a person of such category is a member of a joint family, the provisions of this sub-section shall not apply if at least one member of the joint family is outside the categories mentioned in that sub-section unless the share of such person in the joint family has been separated by metes and bounds before the prescribed date and the [Mamlatdar] [This word was substituted for the word 'Tahsildar' by Schedule III, Clause 1.] on inquiry is satisfied that the share of such person in the land is separated, having regard to the area, assessment, classification and value of the land, in the same proportion as the share of that person in the entire joint family property, and not in a larger proportion:Provided further that where land is held by two or more joint landlords, the provisions of this sub-section shall not apply if at least one joint holder is outside the categories specified in clauses (a) to (d) of this sub-section.(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,(4)In no case a tenancy shall be terminated-(a)in such manner as will result in leaving with a tenant, after termination, less than half the area of the land leased to him:Provided that where the land held by a landlord as [owner] [This word was substituted for the words 'tenure-holder', by Schedule III, Clause 17.] does not exceed one-third of a family holding, and the landlord does not cultivate personally any other land as a tenant or cultivates personally only so much land as would not alongwith the land held by him as [owner] [This word was substituted for the words 'tenure-holder', by Schedule III, Clause 17.] exceed one-third of a family holding, he shall be entitled to resume for personal cultivation, the entire land leased by him.(b)in such a manner as will result in a contravention of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Bombay LXII of 1947) or making any part of the land leased a fragment within the meaning of that Act,(c)if the tenant has become a member of a co-operative farming society and so long as he continues to be such member, or(d)if the tenant is a co-operative farming society.(5)The tenancy of any land left with the tenant after the termination of the tenancy under this section shall not at any time afterwards be liable to termination again on the ground that the landlord bona fide requires that land for personal cultivation.(6)If, in consequence of the termination of the tenancy under this section, any part of the land leased is left with the tenant, the rent shall be apportioned in the prescribed manner in proportion to the area of the land left with the tenant.[***] [Sub-section (7) was deleted by Schedule III, Clause 17.]
