Amendment status not verified — confirm the current text below against the official source.
28 of 1955. 38 of 1959. 5 of 1970. 10 of 1963. Definition. Right of landlord to terminate the tenancy. 54 The Gujarat Tenancy And Agricultural Lands Act, 1948 [1948 : Bom. LXVII commencement of the Gujarat Tenancy Law (Defence Personnel) (Amendment) Act, 1965, (to terminate the tenancy of any land and obtain possession there of, but— (a) of so much of such land as will be sufficient to make up the total land in his actual possession equal to the ceiling area; and (b) where the landlord is a member of a joint family, only to the extent of his share in the land (not exceeding the ceiling area) held by the joint family: Provided that the Collecter on inquiry is satisfied that such share has (regard being had to the area, assessment, classification and value of land) been separted by metes and bounds in the same proportion as his share in the entire joint family property and not in a larger proportion. (2) No tenancy of any land shall be terminated under sub-section (1), unless a notice in writing is given to the tenant, and an application for possession under sub-section (3A) of section 29 is made to the Collector: Provided that in the case of a landlord ceasing to be a serving member of the armed forces or dying while being or after ceasing to be such member, whether before or after the the commencement of the Gujarat Tenancy Law (Defence Personnel) (Amendment) Act, 1965, such notice shall be given and such application be made not later than the date of the expiry of a period of two years— (a) from the date of such cessor or as the case may be, death, or (b) From the date of the commencement of the Gujarat Tenancy Law (Defence Personnel) (Amendment) Act, 1965. whichever event occurs later. (3) Nothing in this Chapter shall— (a) apply to a tenancy of land created (after obtaining possession there of under the provision of this Chapter) by a landlord who has ceased to be a serving member of the armed forces;1[* * *] (b) entitle a landlord who has ceased to be a serving member of the armed forces (as a result of his being duly dismissed or discharged after a court martial or on account of bad character or as a result of desertion) or who has not been attested, to terminate the tenancy of his land under this section. (4) Nothing in the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, shall affect the termination of any tenancy under this Chapter. 43-1C All proceedings for recovery or restoration of possession of land filed under section 31 or 32T by a landlord pending immediately before the commencement of the Gujarat Tenancy law (Defence Personel), (Amendment) Act, 1965, before a Mamlatdar shall (subject to any rules made as respects such transfer or any matter incidental thereto) on such commencement, stand transferred to the Collector, and all such proceeding pending in appeal before the Collector or in revision before the Gujarat Revenue Tribunal shall likewise stand transferred to the State Government; and such proceeding shall be deemed to have