JUDGMENT 1. The learned District Judge erred in holding that the presumption as to the constitution of the india applies only in Revenue Courts. Civil Courts also should presume that it consits in the revenue, not the land, until the contrary is proved. Yeddamapudi Lakshmi Narasimha Row v. Ripalli Sitaramaswami 19 Ind. Cas. 440 : 24 M.L.J. 288; (1913) M.W.N. 282. 2. But it does not appear that this mistake influenced his treatment of the evidence materially; and there was clear evidence on which his decision could be founded. In these circumstances we are not prepared to interfere. The second appeal is dismissed with costs.