(1)If in any village, a tenant is in occupation of a dwelling house on a site belonging to his landlord, such tenant shall not be evicted from such dwelling house (with the materials and the site thereof and the land immediately appurtenant thereto and necessary for its enjoyment), unless,—(a)the landlord proves that the dwelling house was not built at the expense of such tenant or any of his predecessors-in-title; and(b)such tenant makes default during three consecutive years in the payment of rent, if any, which he has been paying for the use and occupation of such site.
