Lord Buckmaster:- Their Lordships see no reason for the further considera tion of this case. The whole question for determination is whether or no there has been proved in the suits which have ended in these appeals anything which will rebut the presumption established by section 50, sub-section 2 of the Bengal Tenancy Act, 1885. That presumption is stated to follow from these conditions, that :- "If it is proved in any suit or other proceedings under this Act that either a tenure-holder or raiyat and his predeces sors-in-interest have held at a rent or rate of rent which has not been changed during the twenty years immediately before the institution of the suit or pro ceeding, it shall be presumed, until the contrary is shown, that they have held at that rent or rate of rent from the time of the Permanent Settlement." The presumption upon which the ap pellant relies is to be found in the form of the kabuliyat under which the respondents held their title. This has been the sub ject of consideration by the High Court and by many judges in the various suits. The real question upon the face of that kabuliyat is whether it shows that there has been a new tenancy then created, or whether it is executed in reliance upon a pre-existing tenure. Their Lordships have considered the document carefully, and they see no reason whatever to differ from the views expressed in the Courts through which this case has proceeded, that the kabuliyat undoubtedly proceeds upon the basis that there were pre-existing rights, and conse quently it cannot be relied upon for the purpose of showing that there has been a change in the rent since the date of the Permanent Settlement. For this reason their Lordships will humbly advise His Majesty that these appeals should be dismissed. As the respondents have not appeared, there will be no order as to costs. Appeal dismissed.