(1)The following shall be deemed to be protected interests within the meaning of this Chapter :(a)any permanent under-tenure existing from the time of 'the Permanent Settlement';(b)the interest raiyat at fixed rates holding from the time of 'the Permanent Settlement';(c)any lease in respect of land whereon, in accordance with the purpose of the lease granted by the tenant whose interest is being sole, permanent dwelling house, manufactories or other permanent buildings have been erected, or permanent gardens or plantations, tanks or canals, public places of worship, or public burning or burial grounds have been made ; provided that such tenant was under the terms of the engagement with his landlord entitled to grant such leave;(d)any right of occupancy ;(e)the right of a non-occupancy tenant to hold for five years at a rent enhanced by a registered agreement under Section 39 or settled by a Revenue Officer under Part II of Chapter X ;(f)any right conferred on an occupancy tenant to hold at a rent which may fair and reasonable at the time the right was conferred ; and(g)any right of interest, consistent with the provisions of this Act, which the landlord, at whose instance the tenancy is sold, or his predecessor in title, his expressly and in writing, given the tenant for the time being permission to create.(2)In the case of a raiyat at fixed rates having a right of occupancy in the lands of a holding not existing from the time of 'the Permanent Settlement' ; the right to continue to hold at such rates shall not be deemed to be a protected interest under sub-section (1), but such shall continue to hold the lands on payment of such rent as would be payable for land of a similar description with similar advantages in the same village, or at such other rate as may be deemed fair and equitable by the Court.
