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(2) Where the landlord is of the following category, namely:-
(a) a minor,
(b) a widow,
(c) a serving member of the armed forces.
(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 the one year from the date of which:-
[1] in the case of category [a] he attains majority:
[2] in the case of category [c] he ceases to serve inset force.
[3] in the case of category [d] he ceases to be subject to such physical f or mental disability and (B) in the case of widow by the succession - in - title within, one year from the date on which the widows interest in the land ceases to exists:
Provided that where a person of such category is member of a joint family, the provisions of this sub - section shall not apply it at least one member of the joint family is outside the categories mentioned intuit sub section unless the share of such person in the joint family has been separate by the mentioned bound before the prescribed date and the Tahsildar on inquiry is satisfied that the share of such person in this land separated having or such person in the land is separated having regard to the area, assessment, classification as the share of that person in the entire joint family property of and not in the larger proportion.
[a] a minor [b] a widow [c] a serving member of the armed forces. Or [d] a person subject to any physical or mental disability, then if the has not given a notice and made an application as required by sub =section [1], a such notice may be given and such application may be made:-
(A) by the landlord within hone year from the date on which [I] in the case of category [a] he attain majority, [ii] in the case of category [c] he ceases to serve in such force, [iii] in the case of category [d] he ceases to be subject to such physical or mental disability, and.
Provided further that where land is held to by two or more joint landlords the provisions of this sub section shall not apply if at least on joint hold is outside the categories specified in clauses [a] to [d] to this sub section."
(42) According to the petitioners the land holders, or landlords who are of the specified categories, viz., minor, a serving members of the armed forces or a person subject of any physical or mental disability or widow have been given a special right to have been given make an application for possession of the land required by section 38 [1], after the date mentioned in sub -section [1] of section 37, which was 15th day of February 1961 till 31st March 1961. Different period are prescribed for persons in different categories of landlords for whom a provisions of made in sub section [2] of section 38. Under the first proviso to this sub section the right of giving a note as provided that the facility may not be available to a person under disability of unless where person of such category is a member of joint family, of whom any other member of such family is outside of the categories mentioned in that subsection. In other member of such family is out who is minor, a widow, asserting members of the armed forces or a persons subjects of the physical or mental disability is a member of the joint family of which at least one or other member of is outside this category then this privileges of the extended period of giving a notice may not be available. But this exception against is made subject of the one contingency and hat contingency is that he benefit of the extended period will be restored to such person under disability of the share of such person in the joint family has been separated by metes and bounded before the prescribed date which is the 30th June 1959. In other words what this proviso means is that partitions of be meters and bounds which is fair and equitable has take place of by 30th June 1959 in a joint family I the which one of the land holders office of the specifies categories, that is, a minor, a widow a serving member of the are forces of or person subject to any physical or mental disability then the right of such person to give note terminating the tenancy of and apply for possession of is extended as provided includes [a] of this sub section. Now, the argument is if sub - section [7] section 38 such landlord of would not have such rights. The obvious anomaly of arising the from such interpretation it is contended, can only be avoided by the harmonizing the two provisions in such a way as to apparent of conflicted contradiction of the which is only possible by constructing the sub section [7] of section 38 which uses theirs 'acquired any land of the transfer or partition' to mean acquired ownership of as a tenure - holder for the first time as result of a tenure - holders who had pre - existing right of ownership of interest in the property as owners.