(1) If after the landlord takes possession of the land after the termination of the tenancy 1[under section 31], 2[33B or section 34 of this Act as it stood immediately before the commencement of the Amending Act, 1956] he fails to use it for any of the purposes specified in the notice given under 3[section 31], 4[33 B or section 34 of this Act as it stood immediately before the commencement of the Amending Act, 1956] within one year from the date on which he took possession or ceases to use it at any time for any of the aforesaid purposes within twelve years from the date on which he took such possession, the landlord 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 same terms and conditions or has offered in writing to give possession of the land to the tenant on the same terms and conditions and the tenant has failed to accept the offer within three months of the receipt thereof.
(2) After the tenant has recovered possession under sub-section (1) he shall, subject to the provisions of this Act, hold such land on the same terms and conditions on which he held it at the time his tenancy was terminated.
(3) If the landlord has failed 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 Mamlatdar for the loss suffered by the tenant on account of eviction.
5[(4) The provisions of this section shall not apply to a landlord who becomes a serving member of the armed forces; and on that account, fails to use the land, or ceases to use it, for any of the purposes specified in the notice referred to in sub-section (1) and within the period specified in that sub-section].
(2) After the tenant has recovered possession under sub-section (1) he shall, subject to the provisions of this Act, hold such land on the same terms and conditions on which he held it at the time his tenancy was terminated.
(3) If the landlord has failed 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 Mamlatdar for the loss suffered by the tenant on account of eviction.
5[(4) The provisions of this section shall not apply to a landlord who becomes a serving member of the armed forces; and on that account, fails to use the land, or ceases to use it, for any of the purposes specified in the notice referred to in sub-section (1) and within the period specified in that sub-section].
Source footnotes
1 These words and figures were substituted for the words and figures "under section 34" by Bom. 13 of 1956, s. 25 (1).2 This portion was inserted by Mah. 9 of 1961, s. 19.
3 These words and figures were substituted for the words, brackets and figures "sub-section (1) of section 34" by Bom. 13 of 1956, s. 25(2).
4 This portion was inserted by Mah. 9 of 1961, s. 19.
5 This sub-section was inserted by Mah. 39 of 1964, s. 2, Sch.
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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.