(1) Where after terminating the tenancy of any land under section 9 of the Berar Regulation of Agricultural Leases Act, 1951 (M. P. Act XXIV of 1951), or under 1[section 38, 39 or 39A] of this Act, the landlord has taken possession of such land and he fails to use the land for the purpose specified in the notice given under the said section 9 or as the case may be, 2[section 38, 39 or 39A] 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:
Provided that no refusal of the tenant shall be valid unless it has been verified before the Tahsildar in the prescribed manner.
(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 Tahsildar for the loss suffered by the tenant on account of eviction.
(4) If at any time the tenant makes an application to the Tahsildar and satisfies him that the landlord has failed to comply within a reasonable time with the provisions of sub-section (1) the 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 eviction and by failure on the part of the landlord to restore or give possession of the land to him as required by sub-section (1).
3[(5) 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 the purpose specified in the notice referred to in sub-section (1) and within the period specified in that sub-section.]
Provided that no refusal of the tenant shall be valid unless it has been verified before the Tahsildar in the prescribed manner.
(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 Tahsildar for the loss suffered by the tenant on account of eviction.
(4) If at any time the tenant makes an application to the Tahsildar and satisfies him that the landlord has failed to comply within a reasonable time with the provisions of sub-section (1) the 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 eviction and by failure on the part of the landlord to restore or give possession of the land to him as required by sub-section (1).
3[(5) 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 the purpose 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 "section 38 or 39" by Mah. 2 of 1962, s. 11.2. These words and figures were substituted for the words and figures "section 38 or 39" by Mah. 2 of 1962, s. 11.
3. Sub-section (5) was added by Mah. 39 of 1964, s. 2, 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.