(1) Notwithstanding any agreement or usage or any decree or order of a Court of law, but subject to the provisions of sub-section (3), no tenancy of land shall be terminated before the expiration of the period for which the land is leased or deemed to be leased otherwise than,- 30[(a) by the tenant by surrender of his rights to the landholder at least a month before the commencement of the year:
Provided that such surrender is made by the tenant in writing and is admitted by him before and is made in good faith to the satisfaction of the Tahsildar; or
Provided further that where the land is cultivated jointly by joint tenants or members of an undivided Hindu family, unless the surrender is made by all of them, it shall be ineffective in respect of such joint tenants as have not joined in the application for surrender, irrespective of the fact that the names of all the joint tenants are not mentioned in the certificate];
(b) by the landholder on a ground specified in subsection (2).
(2) The landholder may terminate a tenancy on the ground that the tenant,-
30. Substituted by Act No.III of 1954.
Termination of tenancy.
20 [Act No.XXI of 1950]
(a) (i) has failed to pay in any year, within fifteen days from the day fixed under 31[the Telangana Land Revenue Act, 1317 F] for the payment of the last instalment of 32[land revenue due for the land concerned in that year], the rent of such land for that year; or
(ii) if an application for the determination of reasonable rent is pending before the Tribunal or the Collector under section 17, has failed to deposit within 15 days from the aforesaid date with the Tribunal or the Collector, as the case may be, a sum equal to the amount of rent which he would have been liable to pay for that year if no such application had been made; or
(iii) in case the reasonable rent determined under section 17 is higher than the sum deposited by him, has failed to pay the balance due from him within two months from the date of the decision of the Tribunal or the Collector, as the case may be; or
(b) has done any act which is destructive or permanently injurious to the land; or
(c) has sub-divided the land; or
(d) has sub-let the land or failed to cultivate the land personally, or has assigned any interest therein; or
(e) has used such land for a purpose other than agriculture:
32[Provided that no tenancy of any land held by a tenant shall be terminated on any of the grounds mentioned in this sub-section unless the landholder gives six months‘
31. Adapted in G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.
32. Substituted by Act No.III of 1954.
[Act No.XXI of 1950] 21 notice in writing intimating his decision to terminate the tenancy and the grounds for such termination]; and
Provided 33[further] that the tenancy of a tenant who,-
(a) is a female or a minor, or
(b) is subject to physical or mental disability, or
(c) is serving in the Naval, Military or Air Forces of India, shall not be determined on the ground only that the land comprised in the tenancy has been sub-let by or on behalf of such tenant.
(3) The tenancy of a tenant holding a lease to which section 33[7 or] 8 applies shall terminate,- 34[(a) Omitted;]
(b) where the landholder is a person who, having served in the Naval, Military or Air Forces of India, in good faith requires the land for personal cultivation on the termination of such service, on the expiration of the year in which such person gives notice in writing to the tenant that the tenancy is terminated; or
(c) on the first day of March, 1951 in a case in which a person deemed under section 34 to be a protected tenant is entitled under section 36 to recover possession of the land on that day.
33. Substituted by Act No.III of 1954.
34. Omitted by Act No.XXIII of 1951.
22 [Act No.XXI of 1950]