Sec. 33-B confers a right on the certificated landlord to terminate the tenancy of the land in respect of which exemption certificate is granted, and to make an application to the Mamlatdar for obtaining possession if such certificated landlord bonafide requires such Land for cultivating it personally.
ON May 10, 1956, the landlord put in his application under Section 34 read with Section 29 of the Tenancy Act as it then existed prior to the amendments thereof in 1956 and 1961. Before this application could be considered the Amending Act XIII of 1956 came into force on August 1, 1956. We will presently deal with the amendments thus made. The proceeding which the landlord had commenced under Section 29 read with the old Section 34, however, continued and on October 8, 1956, the Mamlatdar ordered that possession should be delivered to the landlord under Section 34. The landlord took actual physical possession of the land on April 21, 1957. After taking possession he cultivated the land personally for over three years and then on August 8, 1960, he sold the said land for a sum of Bs. 5,000 to respondent No. 2 Khandagale and gave him possession on that date. The present application under Section 37 of the Act read with Section 39 was filed not by the original tenant who had by that date passed away, but by the son of the tenant who is the petitioner. He applied for possession under Section 37 on the ground that the landlord who had acquired the land for his personal cultivation had ceased to cultivate it personally and, therefore, the land should be restored to the tenant under Section 37. After this application was filed the Act came to be further amended on February 9, 1961 by Section 19 of Act IX of 1961. On July 24, 1962, the Mamlatdar decided the application of the tenant (the son of the former tenant) and awarded possession to him.
