Bar to eviction of an occupant of homestead from dwelling house or homestead

(1) If in any village, an occupant of home-stead is in occupation of a dwelling house on the date of commencement of this Act, the said occupant of homestead shall not be evicted from such dwelling house or homestead, unless the land-owner proves that the homestead belongs to him and that the dwelling house thereon was built at his expense and the person occupying the dwelling house is only a tenant and not an occupant of homestead. (2)The provisions of sub-section (1) shall not apply to a dwelling house which is situated on any agricultural land from which a tenant of such agricultural land has been evicted consequent upon the lawful resumption of the land by the land-owner in accordance with any law for the time being in force in that behalf. (3)If an occupant of homestead who was in occupation of a dwelling house on or after the 6 th October, 1971, has been evicted before the commencement of this Act, the authorised officer shall, on an application made by the said occupant of the home-stead, within six months from the date of such commencement or may, suo motu at any time, after making such inquiry as may be prescribed, restore the possession of the homestead and dwelling house to the said occupant of homestead and on such restoration, the provisions of this Act shall apply as if he were in occupation of the said homestead and dwelling house on the date of commencement of this Act. Explanation.-For the purposes of this section ‘tenant’ means any person who has paid or has agreed to pay rent or other consideration for his being allowed by another to enjoy the land of the latter under a tenancy agreement express or implied, and includes his heirs and legal representatives.