Unless the existence of any custom or contract to the contrary is proved, such right shall, whether recorded in the settlement- record or not, be presumed--(a)to exist in all village- communities, however constituted, and whether proprietary or under- proprietary, and in the cases referred to in section 40 of the Oudh Land- revenue Act, 1 (17 of 1876 ) and(b)to extend to the village- site, to the houses built upon it, to all lands and shares of lands within the village- boundary, and to all transferable rights affecting such lands.
