(1) If in any village, a tenant is in occupation of a dwelling house built at the expense of such tenant; or his predecessor-in-title on a site belonging to his landlord, such tenant shall not be evicted from such dwelling house (with the materials and the site thereof and the land immediately appurtenant thereto and necessary for its enjoyment) unless-
(a) the landlord proves that the dwelling house was not built at the expense of such tenant or his predecessor-in-title; and
(b) such tenant makes 1[any three defaults] in the payment of rent, if any, which he has been paying for the use and occupation of such site.
(2) The provisions of sub-section (1) shall not apply to a dwelling house which is situated on any land used for the purposes of agriculture from which he has been evicted under 2[section 31].
(a) the landlord proves that the dwelling house was not built at the expense of such tenant or his predecessor-in-title; and
(b) such tenant makes 1[any three defaults] in the payment of rent, if any, which he has been paying for the use and occupation of such site.
(2) The provisions of sub-section (1) shall not apply to a dwelling house which is situated on any land used for the purposes of agriculture from which he has been evicted under 2[section 31].
Source footnotes
1 These words were substituted for the words "a default" by Bom. 13 of 1956, s. 12(1).2 This word and figures were substituted for the words, brackets and figures "sub-section (1) of section 34" by Bom. 13 of 1956, s. 12(2).
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More sections of this act
Section 1 · Short title and extent.Section 2 · Definitions.Section 3 · Application of Chapter V of Transfer of Property Act.Section 4 · Persons to be deemed tenants.Section 4A · Protected tenants.Section 4B · Tenancy not to be terminated by efflux of time.Section 5 · Ceiling area.Section 6 · Economic holding.India Code, Government of India. Text fetched 24 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.