We have gone through the documents placed on record. Perusal of Jamabandi for the year 1930-31 makes it very clear that the land was entered as Shamlat Deh Hadsab Hissa Mandarja Paimana Hakiyat and in column of occupation, it is mentioned as Makbuja Malkaan. No part of the land was shown in possession of any individual right holder. Entry appears to be very innocuous because at that time Gram Panchayat was not in existence. So naturally, the land was to be shown in somebody's possession and accordingly, it was shown in possession of Makbuja Malkaan. Further perusal of the document makes it very clear that land is Banjar Qadim and most of the land is in the nature of Johar (pond), nadi which is shown to be flowing at the spot (Jari) Tibba etc. When the nature of land is shown as Banjar Qadim, it obviously means that it is not under cultivation. We have also seen jamabandi for the year 1946-47 which is relevant for decision of this case. Position remains the same. No piece of land of any right holder was shown in cultivating possession. Land is shown as Gair Mumkin, ponds, rivulets etc. Grievance of the petitioners that the documents were not considered by the authorities below, in view of findings recorded above, has no legs to stand. Once the petitioners have failed to show that they were in cultivating possession of the land in dispute, as alleged by them in their application under Section 13-A of the
