From the record available, it was also noticed that there is a garmumkin johar (pond) on some part of the land and the Gram Panchayat has been leasing out some land. To rebut this factual aspect, the petitioners have placed on record, Annexures P-9 to P- 12, which have been taken on record by a separate order, pursuant to a miscellaneous application filed by the petitioners. Annexure P-9 is a statement of Attar Singh, Sarpanch. He clearly mentioned in his statement that the land in dispute is a shamlat deh and is banjar and shor from the very beginning. The proprietors and non-proprietors of the village are using the same for grazing the cattle and taking wood for fuel purposes. This evidence, thus, would not help the cause of the petitioners and is not in any contradiction to the factual finding returned by the Commissioner. Annexure P-10 is an evidence of Ramesh Kumar, who has also confirmed that this land is in the ownership of Gram Panchayat. Nothing much can be made out from the cross-examination, where the witness may have expressed his ignorance about certain aspects being illiterate. Similar is the state of evidence of Bhim Singh (Annexure P-11). He has also confirmed that
