JUDGMENT : 1. This appeal arises out of a suit in which the plaintiffs claimed a declaration that they, together with the pro forma defendant, had a right of weighment on the lands of Halenganj in the District of Agra and a perpetual injunction restraining the Government and their lessees from making weighment on the land. They also claimed damages. The Court below has decreed the plaintiffs' claim. The Government appeals. 2. In the plaint the plaintiffs allege that they had a right of weighment on the land as a “permanent right of easement.” The facts of the case are practically admitted. Many years ago there was a market an Halenganj. About the year 1877 Government closed that market and opened another market at what was considered a more convenient place and where the market continues to be held up to the present time. About the year 1879, after the new market had been opened, certain disputes arose between individuals who had evidently exercised the calling of weighmen in the old market. An application was made complaining that, while the Tahsildar had said that the applicants might weigh in the new market, certain other persons were interfering with them. 3. The result of this complaint was that the Tahsildar drew up an agreement between the parties and with their consent referred the question, as to how the Ganj should be divided up, to some arbitrators. We may assume for the purposes of this appeal that the Ganj was divided up accordingly and that the predecessors-in-title of the plaintiffs and the pro forma defendants continued to follow their calling as weigh men of specific portions of the market until some time about the year 1910, when the Government made a lease of the right to weigh in the market to defendant 2. The question is whether on these facts the plaintiffs-respondents have established a perpetual exclusive right to act as weighmen at Halenganj and take the fees against the will and without the consent of the Government. In our opinion they have not established such right. Even if we assume—and it would be a very big assumption—that they had a right in respect of the old market based upon the doctrine of a lost grant, it is quite clear that in the new market they merely were permitted by the authorities to carry on their calling as weighmen. Even if we assume—and it would be a very big assumption—that they had a right in respect of the old market based upon the doctrine of a lost grant, it is quite clear that in the new market they merely were permitted by the authorities to carry on their calling as weighmen. This was a bare license and certainly cannot be held to have created a perpetual right in the licensees and their descendants to the exclusive privilege of weighing in the market. 4. We must allow the appeal, set aside the decree of the Court below and dismiss the plaintiff's suit with costs in both Courts including in this Court fees on the higher scale.