CourtMesh

Section 49B: Transfer of possession and ownership of lands to certain dispossessed tenants.

The Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act.State Act of Maharashtra · Act 99 of 1958

[49B. Transfer of possession and ownership of lands to certain dispossessed tenants.- Where a tenant referred to in section 46 or section 49A was in possession on the appointed day but is not in possession of the land held by him on the relevant date on account of his being dispossessed before that date, otherwise than in the manner and by an order of the Tahsildar as provided in section 36, and the land is in the possession of the landlord or his successor-in-interest on the 31 day of July 1969 and is not put to a non-agricultural use on or before the last mentioned date, then, the Tahsildar shall, notwithstanding anything contained in section 36, either suo motu or on the application of the tenant, hold an inquiry, and direct that such land shall be taken from the possession of the landlord, or as the case may be, his successor-in-interest, and shall be restored to the tenant, and the provisions of sections 46 to 49A shall, in so far as they may be applicable apply thereto, as if the tenant had held the land on the relevant date, subject to the modification that the ownership of land shall stand transferred to, and vest in, the tenant and such tenant shall be deemed to be the full owner of the land, on the date on which the land is restored to him:

Provided that, the tenant shall be entitled to restoration of the land under this section only if he undertakes to cultivate the land personally, and of so much thereof as together with other land held by him as owner or tenant, shall not exceed three family holdings.

Explanation 1.- In this section, the expression "relevant date" means in relation to a tenant referred to in section 46, the 1 day of April 1961, and in relation to a tenant referred to in section 49A, the 1 day of April 1963.

Explanation 2.- In this section, "successor-in-interest" means a person who acquired the interest by testamentary disposition or devolution on death.]

Where this provision sits

ActThe Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act.
Section49B
Marginal noteTransfer of possession and ownership of lands to certain dispossessed tenants.
JurisdictionState of Maharashtra
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Mah. 49 of 1969. Section 49B was inserted by Mah. 49 of 1969, s. 2, Schedule.

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act. is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.