(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.