Bar to eviction from dwelling house

(1) If in any village, a tenant is in occupation of a dwelling house on a site belonging to his landlord, such tenant shall not be evicted from such dwelling house (with the materials and the site thereof and the land immediately appurtenant thereto and necessary for its enjoyment), unless,— (a) the landlord proves that the dwelling house was not built at the expense of such tenant or any of his predecessors-in-title; and (b) such tenant makes default during three consecutive years in the payment of rent, if any, which he has been paying for the use and occupation of such site. (2) The provisions of sub-section (1) shall not apply to a dwelling house which is situated on any land used for the purposes of agriculture from which a tenant has been evicted under section 15 or 22.