106. Consequences of failure to file application under section 102 or 104.-
If no application under section 102 or 104 is made within the period of limitation prescribed therefore, and the person ejecting the tenant from, or taking or retaining possession of, land, otherwise than in accordance with the provisions of this Act, cultivates such land, such person shall become-
(i) if he possesses proprietary interest in such land, khudkasht-holder; or
(ii) if he does not possess proprietary or tenancy interest in such land, a hereditary tenant.