Liability of tenant when original conditions of tenancy cannot be ascertained

When the original conditions of a tenancy cannot be ascertained, the tenants shall not be liable to any praedial conditions other than or in excess of those to which, by local custom or usage, he, in common with the general body of the class to which he belongs in the village tenure or estate in which the lands of the tenancy are situated, is liable : Provided that, in any case in which praedial conditions have been complied with by a tenant for a period of five years continuously, any Revenue Officer acting under this Chapter may, when commuting such conditions under this Chapter, presume that the same have been complied with in accordance with local custom or usage or in accordance with an express or implied contract made at the commencement of the tenancy.