JUDGMENT

Greaves, J. - This is an appeal by the defendants against a decision of the District Judge of Jessore, dated 5th March 1917, affirming a decision of the Munsif of the same place of the 8th June 1915. The plaintiff's suit was for declaration of his title as an occupancy tenant to certain land and for possession thereof. The defendants, on the other hand, contended that they and not the plaintiff were the tenants of the land. When the case came on for trial before the Munsif, apparently both sides adduced conflicting evidence and the Munsif was not able on the conflict of evidence to arrive at any decision, but he relied upon two facts and first of all upon a mortgage bond, Exhibit 3, of the adjoining land executed in the year 1315 by the plaintiff in favour of the father-in-law of the 2nd defendant. In this document apparently the land in suit is described as being the land of Nibaran Mandal, who is a brother and predecessor in-interest of one Sitanath Mandal, and the Munsif found from this fact that the defendants' story was untrue, as he said that if it had been the fact that they were tenants of the land, then it would have been so stated in describing the boundaries of t