throughout in the written statement and before the decision was that they are Dholidars in possession of the suit land. Except for two jamabandis for the years 1997-98 and 2002-03, all the jamabandis showed the possession of Dholidars and counter claim in this regard was set up. Only jamabandi for the year 2002-03 was placed on record, whereas, jamabandi for the year 1949-50 is in Urdu script, translation of which could not be placed on record. However, before the Lower Appellate Court, an attempt was made to place on record the jamabandis for the years 1967-68, 1972-73, 1997-98, 2002-03, 2007-08, copy of khasra girdawari for the period March, 2011 and copy of judgment and decree dated 16.12.1998 by way of additional evidence, but the Lower Appellate Court without assigning any reasons dismissed the application and appeal by holding that role of Dholidar was for a religious purpose as long as the religious services are rendered. The aforementioned finding would reveal that in case, opportunity is granted to lead evidence, status of the appellant-defendants as counter claimants would be of dehors and therefore, suit was liable to be dismissed and urges this Court to formulate the substantial questions of law for adjudication of the present appeal.
