(5)(a)In determining whether a tenant is a jotedar or a raiyat, the court shall have regard to the purposes for which the right of tenancy was originally acquired.(b)When the area held by a tenant exceeds one hundred standard bighas, the tenant shall be presumed to be a jotedar, until the contrary is shown.Explanation. - When a tenant of land has the right to bring it under cultivation he shall be deemed to have acquired a right to hold it for the purpose of cultivation notwithstanding that he uses it for the purpose of gathering the produce of it, or of grazing cattle on it.
