Section 2. Definitions

2. Definitions.— In this Act, unless the context otherwise requires, — (a) "Chief Commissioner" means the Chief Commissioner of Delhi; (b) "family" means — (i) in relation to a person belonging to a joint Hindu family, every member of such family; and (ii) in relation to any other person, the person, the wife or husband, as the case may be, and the dependent children and grand-children, of such person; (c) "land-holder" means a person under whom a tenant holds land and to whom the tenant is, or but for a special contract would be, liable to pay rent for the land; - (d) "person under disability" means, — (i) a widow; (ii) a minor whose father has died; (iii) a woman who is unmarried or who, if married, is divorced or judicially separated from her husband or whose husband is a person falling under item (iv) or (v); (iv) a member of the Armed Forces of the Union; (v) a person incapable of cultivating land by reason of some physical or mental disability; (vi) a person prosecuting studies in a recognised institution and not exceeding 25 years of age; or (vii) a person who is under detention or undergoing imprisonment; (e) "tenant" and "tenancy" include a sub-tenant and a sub-tenancy respectively; (f) the words "land" and "tenant" and all other words and expressions used but not defined in this Act and defined in the Punjab Tenancy Act, 1887 (16 of 1887), or the Agra Tenancy Act, 1901 (U.P. Act II of 1901), shall have the meanings respectively assigned to them,— (i) in relation to areas to which the Punjab Tenancy Act, 1887 (16 of 1887), applies, in that Act; or (b) where rent is payable in kind, that he has without sufficient cause failed to cultivate the land; (c) that he has sub-let or otherwise transferred the whole or any part of the tenancy in contravention of any law for the time being in force or of any contract; (d) that he has used the land in a manner which renders it unfit for the purpose for which it was let. (2) Without prejudice to the provisions of sub-section (1) but subject to the provisions of any law for the time being in force or of any contract between the parties, a tenant may be ejected from the land held — by him by a land-holder, (a) in any case where the land-holder is a religious or charitable institution, on the ground that the institution requires the land bona fide for use for a non-agricultural purpose in furtherance of its objects; and (b) in any case where the land-holder was a person under disability at the commencement of the tenancy, on the ground that he requires the land bona fide for cultivation by himself or for building a dwelling house, a cattle shed or business premises for use by himself or any member of his family and the proceeding for ejectment is instituted during the period when he is under disability or within two years from the date when he cases or has ceased to be under disability: Provided that no proceeding shall lie under this sub-section in respect of any share of land unless the share has first been partitioned by metes and bounds. — Explanation. For the purposes of this section, the disability of a person shall cease,— (a) in the case of a widow, if she re-marries, on the date of her re-marriage or if any person succeeds to the widow on her death, on the date of her death; (b) in the case of a minor, on the date of his attaining majority; (c) in the case of a woman who is unmarried or who is divorced or judicially separated from her husband, on the date of her marriage or re-marriage, as the case may be, or in the case of a woman whose husband is a person falling under clause (d) or (e), on the date on which the disability of the husband ceases; (d) in the case of a person who is a member of the Armed Forces of the Union, on the date of his discharge from service or of his posting to the reserve; (e) in the case of a person suffering from a physical or mental disability, on the date on which the disability ceases to exist; (f) in the case of a person who is prosecuting studies in a recognised institution, on the date when he ceases to prosecute studies in that or any other recognised institution; (g) in the case of a person under detention or undergoing imprisonment, on the date when he is released from detention or imprisonment. (3) Nothing in this section shall be construed as entitling a tenant to be restored to possession of any land if it is under cultivation by the owner who is a person under disability or has, on or before the 28th day of March, 1961, ceased to be used for agricultural purposes. land if it is under cultivation by the owner who is a person under disability or has, on or before the