When shall Asami Shikmi have perpetual occupancy right.

Where no agreement has been made between the Pattadar and Asami Shikmi pertaining to the period of possession, and the possession by the Asami Shikmi has been for a continuous period of twelve years he shall be deemed to be a Shikmidar and he shall have permanent right as against the Pattadar. If any person has been from the commencement of cultivation or the patta jointly cultivating with the Pattadar he shall be deemed to be a Shikmidar until a decision of a Court of law to the contrary is obtained: Provided that an Asami Shikmi who has been in possession of any bill-Maqta-land in an ijara village for a continuous period of 12 years, whether there was any agreement between the Ijaradar and the Asami Shikmi pertaining to the period of cultivation or not, and every person who has from the commencement of cultivation or from the time patta was granted to the Ijaradar, jointly with such Ijaradar cultivated any bil-Maqta-Iand held by such Ijaradar, shall be deemed to be a Shikmidar in respect of such bil-Maqta-Iand. Explanation:- If an Asami Shikmi remains out of possession for a period of more than one year and during that period takes no action against the pattadar for possession, such period shall not be deemed to be continuous.