evidence available on record. Further, Exs.D-1 to D-5 are the documents brought on record on behalf of the defendants in which from the years 1965-66, 1966-67, 1967-68, 1968-69, 1973-74, 197475, 1975-76, 1976-77, 1977-78, 1978-79, 1979-80, 1980-81, 199394, 1994-95, 1995-96, 1996-97 and 1997-98, the suit land has been recorded as Nazul Bhoomi. Likewise, Exs.D-14C & D-15C have been proved by defendant No.2's witness – Khemraj Patel, Patwari Halka No.12. The two Courts below after appreciating the evidence of defendant No.1's witness – D.R. Nirala, who has proved Exs.D-1 to D-5, has held that the suit land has been declared Nazul land without making any survey and entry has been made, whereas in the sale deed Ex.P-1A on western side, Nazul land is available and Dhansingh Gond has purchased the suit land which is adjoining to the Nazul land from the land of Durga Prasad Singh. Both the Courts have concluded that the suit land has been declared Nazul land without making survey and without taking appropriate proceeding for declaring any land as Nazul land and disbelieved Exs.D-14C & D- 15C, as it has not been mentioned on the basis of the order of which authority, in which proceeding and on what date it has been declared as Nazul land and it has been held to be the Nazul land, which is not correct.
