(1)Every person who is a raiyat or a tenant in respect of any land but has no permanent and heritable rights in respect of any site on which his dwelling house or farm house stands, shall with effect from the commencement of this Act be deemed to be a raiyat in respect of the whole of such site or a portion thereof not exceeding one-fifth of an acre whichever is less if he or his predecessor-in-interest has -(a)obtained permission, express or implied, from the person having permanent and heritable rights in the site and having right to accord permission for the construction of sue h house; and(b)built such house at his own expense.Explanation - (i) [* * *] [Omitted vide Orissa Act No. 9 of 1974.](ii)[ Lands to be held as raiyat in pursuance of this sub-section shall be so determined as to include, as far as practicable, tanks excavated and wells sunk by such person on the site and so as not to exceed in extent the limit specified in this sub-section. [Inserted vide Orissa Act No. 9 of 1974.](iii)Trees standing on the land so determined shall belong to such person.(iv)Right of way and other easementary rights necessary for the enjoyment of the aforesaid land shall attach thereto.][(1-A) The Revenue Officer, on an application made in this behalf by the person referred to in Sub-section (1) in the prescribed form and manner and within the prescribed period, may, after such inquiry as may be necessary, issue a certificate in the prescribed form to such person to the effect that he has become a raiyat in respect of the whole, or, as the case may be, a portion of the site as aforesaid and if such person is evicted from the site at any time after the commencement of the Orissa Land Reforms (Amendment) Act, 1973 (President's Act 17 of 1973) the Revenue Officer shall, by order, direct that possession of the site be delivered to the said person and may take such further steps as he may consider necessary to give effect to the order so passed.] [Substituted vide Orissa Act No. 9 of 1974]
