42. Presumption as to ownership of forests, quarries and waste lands.
(1)When in any record-of-rights completed before the eighteenth day of November, 1871, it is not expressly provided that any forest, quarry, unclaimed, unoccupied, deserted or waste- land, spontaneous produce or other acessary interest in land belongs to the landowners, it shall be presumed to belong to the [Government] [Substituted for the word 'Crown' by Adaptation of Laws Order, 1950.].(2)When in any record-of-rights completed after that date it is not expressly provided that any forest or quarry or any such land or interest belongs to the [Government] [Substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.], it shall be presumed to belong to the landowners.(3)The presumption created by sub-section (1) may be rebutted by showing :-(a)from the records or report made by the assessing officer at the time of assessment ; or(b)if the record or report, is silent, then from a comparison between the assessment of villages in which there existed, and the assessment of villages of similar character in which there did not exist, any forest or quarry, or any such land or interest.that the forest, quarry, land or interest was taken into account in the assessment of the land-revenue.(4)Until the presumption is so rebutted, the forest, quarry, land or interest shall be held to belong to the [Government] [Substituted for the word 'Crown' by Adaptation of Laws Order, 1950.].
