When in any suit or proceeding it becomes necessary to determine whether any land is the landholder 's private land, regard shall be had (1) to local custom, (2) in the case of an estate within the meaning of subclause (a) (b), (c) or (c) of clause (2) of section 3 to the ques tion whether the land was before the first day of July 1898, specifically let as private land and (3) to any other evidence that may be produced: Provided that the land shall be presumed not to be private land until the contrary is proved: Provided .further that in the case of an estate within the meaning of sub clause (d) of clause (2) of sec tion 3 (i) any expression in a lease, patta or the like, executed or issued on or after the first day of July 1918, to the effect or implying that a tenant has no right of occupancy or that his right of occupancy is limited or restricted in any manner, shall not be admissible in evidence for the purpose of proving that the land concerned was private land at the commencement of the tenancy; and (ii) any such expression in a lease, patta or the like, executed or issued before the first day of July 1918, shall not by itself be sufficient for the purpose of proving that the land concerned was private land at the commencement of the tenancy.