Gujarat Tenancy and Agricultural Lands Act, 1948
3[(1)] On the first day of April, 1957 (hereinafter referred to as "the tiller's day") every tenant shall, 2[subject to the other provisions of this section and the provisions of] the next succeeding section, be deemed to have purchased from his landlord, free of all encumbrances subsisting thereon, on the said day, the land held by him as tenant, if— (a) such tenant is a permanent tenant thereof and cultivates land personally; (b) such tenant is not a permanent tenant but cultivates the land leased personally; and (i) the landlord has not given notice of termination of his tenancy under section 31; or (ii) notice has been given under section 31, but the landlord has not applied to the Mamlatdar on or before the 31st day of March, 1957 under section 29 for obtaining possession of the land; '[or] (iii) the landlord has not terminated his tenancy on any of the grounds specified in section 14, or has so terminated the tenancy but has not applied to the Mamlatdar on or before the 31st day of March, 1957 under section 29 for obtaining possession of the land.] Provided that if an application made by the landlord under section 29 for obtaining possession of the land has been rejected by the Mamlatdar or by the Collector in appeal or in revision by the [Gujarat Revenue Tribunal] under the provision of this Act, the tenant shall be deemed to have purchased the land on the date on which the final order of rejection is passed. The date on which the final order of rejection is passed is hereinafter referred as "the postponed date"]: [ Provided further that the tenant of a landlord who is entitled to the benefit of the proviso to sub-section (3) of section 31 shall be deemed to have purcned the land on the 1st day of April, 1958, if no separation of his share has been effected before the date mentioned in that proviso.] [ (1A) (a) Where a tenant, on account of his eviction from the land by the landlord, before the 1st day of April, 1957, is not in possession of the land on the said date but has made or makes an application for possession of the land under sub-section (1) of section 29 within the period specified in that sub-section, then if the application is allowed by the Mamlatdar, or as the case may be, in appeal by the Collector or in revision by the [Gujarat Revenue Tribunal], he shall be deemed to have purchased the land on the date on which the final order allowing the application is passed. (b) Where such tenant has not made an application for possession within the period specified in sub-section (1) of section 29 or the application made by him is finally rejected under this Act, and the land is held by any other person as tenant on the expiry of the said period or on the date of the final rejection of the application, such other person shall be deemed to have purchased the land on the date of the expiry of the said period or as the case may be, on date of the final rejection of the application.] [ (1B) Where a tenant who was in possession of land on the appointed day and who, on account of his being dispossessed of such land or any part there of by the landlord at any time before the specified date otherwise than in the manner provided in section 29 or any other provision of this Act is not in possession of such land or any part there of and such land or part thereof is in the possession of the landlord or his successor-in-interest on the said date and such land or part there of is not put to non-agricultural use on or before the said date, then the Mamlatdar shall, notwithstanding anything contained in the said section 29 or any other provision of this Act either suo motu or on an application of the tenant made within the prescribed period hold an inquiry and direct that such land or as the case may be, part thereof shall be taken from the possession of the landlord or, as the case may be, his successor in interest, and shall be restored, to as the tenant; and there after, the provisions of this section and sections 32A to 32R (both inclusive) shall, so far as they may be applicable, apply there to, subject to the modification that the tenant shall be deemed to have purchased such land or part there of on the date on which such land or, as the case may be, part there of is restored to him: Provided that the tenant shall be entitled to restoration of land or part there of, as the case may be, under this sub-section only '[if he gives an undertaking in writing within such period as may be prescribed] to cultivate it personally and of so much there of as together with the other land held by him as owner or tenant shall not exceed the ceiling area: 2[ Provided further that- (i) if the tenant fails to give such undertaking within such prescribed period, or if the tenant, after giving such undertaking refuses to accept the tenancy or possession of the lands, the land the possession of which the land-lord or, as the case may be, his successor-in-interests is not entitled to retain under this sub-section; or (ii) if the tenant gives such undertaking and accepts such tenancy or possession of the land, such portion of the land referred to in clause (i) to the restoration of which the tenant would not be entitled under the first proviso, shall vest in the State Government free from all encumbrances, and shall be disposed of in the manner provided in sub-section (2) of section 32P] Explanation.- In this sub-section "successor in interest" means a person who acquires the interest by testamentary disposition or devolution on death.] 2[ (2) Where by custom, usage or agreement or order of a Court, any warkas land belonging to the landlord is used by the tenant for the purpose of rab manure in connection with rice cultivation in the land held by him as tenant- (a) the whole of such warkas land, or (b) as the case may be, such part there of as the Tribunal may determine in cases where such warkas land is jointly used by more person than one for the purpose of rab manure, shall be included in the land to be deemed to have been purchased by the tenant under sub-section (1): Provided that in cases referred to in clause (b) the Tribunal may determine that such warkas shall be jointly held by persons entitled to use the same, if in the opinion of the Tribunal, the partition of such warkas land by metes and bounds is neither practicable nor expedient in the interest of such persons.] (3) In respect of the land deemed to have been purchased by a tenant under sub-section (1),— (a) the tenant shall continue to be liable to pay to the landlord the rent of such land, and (b) the landlord shall continue to be liable to pay to the State Government the dues, if any, referred to in clauses (a), (b), (c) and (d) of sub-section (1) of section 10A, where the tenant is not liable to pay such dues under sub-section (3) of that section, until the amount of the purchase price payable by the tenant to the landlord is determined under section 32H.