A person lawfully cultivating any land belonging to another person shall be deemed to be a tenant if such land is not cultivated personally by the owner and if such person is not,—(a)a member of the owner’s family, or(b)a servant or a hired labourer on wages payable in cash or kind but not in crop share cultivating the land under the personal supervision of the owner or any member of the owner’s family, or(c)a mortgagee in possession:Provided that if upon an application made by the owner within one year from the appointed day,—(i)the Tribunal declares that such person is not a tenant and its decision is not reversed on appeal, or(ii)the Tribunal refuses to make such declaration but its decision is reversed on appeal, such person shall not be deemed to be a tenant.
