JUDGMENT

1. This is an appeal after remand from the judgment and decree of the learned Subordinate Judge of the 24-Pergannahs, who agreeing with the Court of first instance has decreed the plaintiffs' suit for ejectment of the defendants. The defendants claimed a permanent right in the land which is situated in Kidderpore, a suburb of Calcutta. They alleged that they had acquired such a right By long possession beyond the memory of man at a fixed rent and that their predecessors had erected permanent structures on the land. In the first appeal from the Munsif's judgment which was heard by another Subordinate Judge, it was held that the kabuliat set up by the plaintiffs of the year 1301 was a forgery and that the defendants were entitled to the presumption from long possession and from the existence of permanent structures and he accordingly dismissed the plaintiffs' suit. The plaintiffs appealed to this Court and the appeal was heard by Jenkins, C.J., and Nalini Ranjan Chatterjea, J., who remanded the case reversing the decree of the lower Appellate Court and sending back the appeal for re-hearing in the light of the remarks they had made. Those remarks were chiefly two in number, f