Section 22. Bar to eviction from dwelling house.

(1) If in any village a tenant is in occupation of dwelling house built at the expense of such tenant or his predecessor-in-title 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 his predecessor-in-title; and (b) such tenant makes three defaults in the payment of rent, if any, which he has been paying for the use and occupation of such site. (2) The provisions of sub-section (1) shall not apply to a dwelling house which is situated on any land used for the purposes of agriculture from which the tenant has been evicted under 1[section 38, 39 or 39A].