State Act

25

Section 25. Relief against termination of tenancy for non-payment of rent.

The Bombay Tenancy and Agricultural Lands Act-1948

Act no. 67 of 19481948In forceGujarat (State Act)

25. 2[(1) Where any tenancy of any land held by any tenant is terminated for payment of rent and the landlord files any proceeding to eject the tenant, the Mamlatdar shall call upon the tenant to tender to the landlord the rent in arrears together with the cost of the proceeding, within 3[three months] from the date of order, and if the tenant complies with such order, the mamlatdar shall, in lieu of making an order for ejectment, pass an order directing that the tenancy had not been terminated and thereupon the tenant shall hold the land as if the tenancy had not been terminated: 4[Provided that if the Mamlatdar is satisfied that in consequnance of total or partial failure of crops or similar calamity the tenant has been unable to pay the rent due, the Mamlatdar may, for reasons to be recorded in writing, direct that the arrears of rent together with the costs of the proceedings if awarded shall be paid within one year from the date of the order and that if before the expiry of the said period the tenant fails to pay the said arrears of rent and costs the tenancy shall be deemed to be terminated and the tenant shall be liable to be evicted.] 1[(2) Nothing in this section] shall apply to any tenant whose tenancy is terminated for non-payment of rent if he has failed for any three years to pay rent 2[and landlord has given intimation to the tenant to that effect within a period of three months on each default.]