Section 40. Provisions of section 38 not to affect right of tenant to purchase land.

(1) Nothing in section 38 shall be deemed to affect the right of a tenant to purchase under section 41 land held by him as tenant: Provided that where the tenant makes an offer to the landlord under section 43 in respect of such land, the landlord may, within three months from the date of receipt of such offer, select the land for cultivating personally and give an intimation in writing to the tenant of his intention to terminate the tenancy of such land: Provided further that the landlord’s right to terminate the tenancy shall be subject to the provisions of section 38. (2) The question whether the landlord is entitled to terminate the tenancy of the land in preference to the right of the tenant to purchase such land shall be decided by the Tahsildar.