(1) If upon the termination of a tenancy under section 44 the landholder,-
(a) does not within one year from the date on which he resumed possession of the land 59[cultivate the same personally], or
(b) having commenced such 59[cultivation], discontinues the same within ten years of the said date, he shall forthwith restore possession of the land to the tenant whose tenancy was terminated by him unless he has obtained from the tenant his refusal in writing to accept the tenancy on the terms and conditions prevailing before the termination of the tenancy or has offered in writing to give possession of the land to the tenant on the said terms and conditions and the tenant has failed to accept the offer within three months of the receipt thereof:
59. Added by Act No.III of 1954.
Land holder to restore possession if he fails to cultivate within one year.
[Act No.XXI of 1950] 53 60[Provided that such refusal by the protected tenant to accept the tenancy shall be recorded before and to the satisfaction of the Tahsildar.]
(2) After the tenant has recovered possession of the land under sub-section (1) he shall, subject to the provisions of this Act, hold the same on the terms and conditions on which he held it immediately before the termination of his tenancy.
(3) If the landholder fails to restore possession of the land to the tenant as provided in sub-section (1) he shall be liable to pay such compensation to the tenant as may be determined by the Tahsildar for the loss suffered by the tenant on account of the eviction.
Explanation:- For the purposes of this section, references to a protected tenant shall include references to the heirs mentioned in the Explanation to section 40.
46. If at any time the tenant makes an application to the Tahsildar and satisfies him that the landholder has failed to comply within a reasonable time with the provisions of section 45, the protected tenant shall be entitled on a direction by the Tahsildar to obtain immediate possession of the land and to such compensation as may be awarded by the Tahsildar for any loss caused to the tenant by his eviction and by the failure of the landholder to restore or give possession of the land to him as required by the said section.
60. Added by Act No.III of 1954.
Application for recovery of possession by tenant.
54 [Act No.XXI of 1950]
CHAPTER V.
Restrictions on Transfers of Agricultural Land.
61[47. [XXX]] 61[48. [XXX]] 62[48-A. (1) 63[In the case of a permanent alienation or transfer by a protected tenant of any land in respect of which he has acquired] the right of ownership under section 38 or section 38-D or section 38-E at the reasonable price determined by the Tribunal and more than eight years have not elapsed since the date of such acquisition, the Tahsildar may 64[XXX] take over the land on payment to the protected tenant as compensation a sum equivalent to the reasonable price so determined.
Where any portion of the reasonable price still remains to be paid to the landholder whose interests were acquired by the protected tenant, such portion shall be paid to the landholder from the compensation payable under this section and the balance shall be paid to the protected tenant.
(2) The land so taken over shall vest in the Government free from all encumbrances and shall be under their management until it is disposed of in accordance with the rules made under this Act.
(3) Nothing contained in this section shall apply,-
61. Sections 47 and 48 omitted by Act No.12 of 1969.
62. Section 48-A inserted by Act No.XXXIX of 1959.
63. Substituted by Act No.12 of 1969.
64. Omitted by Act No.12 of 1969.
Restriction on permanent alienation or transfer of land acquired by protected tenant.
[Act No.XXI of 1950] 55
(a) to a simple mortgage effected by the protected tenant; or
(b) to any gift made by the protected tenant in favour of his spouse or children: provided that any alienation or transfer of land made by the donee within a period of eight years from the date of the acquisition of the ownership by the protected tenant shall be subject to the restrictions contained in this section as if it was an alienation or transfer made by the protected tenant.]
65[49. [XXX]] 65[50. [XXX]] 65[50-A. [XXX]] 66[50-B. 67[(1) Notwithstanding anything in this Chapter, where any alienation or other transfer of agricultural land took place,-
(a) on or after the 10th June, 1950, but before the date of coming into force of the 68Andhra Pradesh Ceiling on Agricultural Holdings, Act, 1961 and where possession of such land was given to the alienee or transferee before such date of coming into force; and
(b) on or after the coming into force of the 68Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961, but before the date of the commencement of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands
65. Sections 49, 50 and 50-A omitted by Act No.12 of 1969.
66. Section 50-B inserted by Act No.6 of 1964.
67. Sub-section (1) of section 50-B substituted by Act No.12 of 1969.
68. This Act was repealed by Act No.1 of 1973. See now the Telangana Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (Act No.1 of 1973).
Validation of certain alienations and other transfers of agricultural lands.
56 [Act No.XXI of 1950] (Third Amendment) Act, 1969 and where possession of such land was given to the alienee or transferee before such commencement and such alienation or transfer is not inconsistent with the provisions of the 69Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961;
the alienee or transferee may, within such period as may be prescribed, apply to the Tahsildar for a certificate declaring that such alienation or transfer is valid.]
(2) On receipt of such application, the Tahsildar shall, after making such enquiry as may be prescribed and