1[128A. Special provision for land taken under management by Courts, etc.- (1) In respect of any land taken under management by a civil, revenue or criminal court,-
(a) where the land was taken under management before the commencement of the Bombay Tenancy and Agricultural Lands (Vidarbha Region 2[* *]) Act, 1958 (Bom. XCIX of 1958), and on such commencement there was a tenant on the land, or
(b) where the land is taken under management at any time after the commencement of that Act, and any person is a tenant thereon on the date of the taking over of the management,
and, if the tenant aforesaid has been evicted (otherwise than on any grounds specified in section 19), then he may within one year from the Commencement of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) (Amendment) Act, 1960 (Mah. V of 1961), be entitled to apply to the Tahsildar to be placed in possession of the land.
(2) The Tahsildar, after holding an enquiry, restore possession of such land to the person who applies to him under sub-section (1), and upon such restoration the person shall be deemed to be a tenant for the purposes of this Act:
Provided that, if there be some other person already in possession as tenant, the Tahsildar shall only restore possession of the land after the expiry of that tenancy.
(3) The provisions of this section shall not apply if the land described in clause (a) of sub-section (1) has been sold at any time during the period of management but before the commencement of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) (Amendment) Act, 1960 (Mah. V of 1961)
(a) where the land was taken under management before the commencement of the Bombay Tenancy and Agricultural Lands (Vidarbha Region 2[* *]) Act, 1958 (Bom. XCIX of 1958), and on such commencement there was a tenant on the land, or
(b) where the land is taken under management at any time after the commencement of that Act, and any person is a tenant thereon on the date of the taking over of the management,
and, if the tenant aforesaid has been evicted (otherwise than on any grounds specified in section 19), then he may within one year from the Commencement of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) (Amendment) Act, 1960 (Mah. V of 1961), be entitled to apply to the Tahsildar to be placed in possession of the land.
(2) The Tahsildar, after holding an enquiry, restore possession of such land to the person who applies to him under sub-section (1), and upon such restoration the person shall be deemed to be a tenant for the purposes of this Act:
Provided that, if there be some other person already in possession as tenant, the Tahsildar shall only restore possession of the land after the expiry of that tenancy.
(3) The provisions of this section shall not apply if the land described in clause (a) of sub-section (1) has been sold at any time during the period of management but before the commencement of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) (Amendment) Act, 1960 (Mah. V of 1961)
Source footnotes
1. Section 128A was inserted by Mah. 5 of 1961, s. 18.2. The words "and Kutch Area" were deleted by Mah. 26 of 1963, s. 3, Second Schedule.
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More sections of this act
Section 1 · Short title, extent and commencement.Section 2 · Definitions.Section 3 · Delimitation of local areas.Section 4 · Determination of family holding.Section 5 · Application of Chapter V of Transfer of Property Act.Section 6 · Persons deemed to be tenants.Section 7 · Certain persons deemed to be tenants for purposes of this Act.Section 8 · Record of rights of ordinary tenants.India Code, Government of India. Text fetched 24 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.