1. This Civil Second Appeal arises out of a suit for ejectment which has been decreed by the two courts below against the defendant-appellants and pertains to a house owned by the plaintiffs-respondents. The suit was brought on the ground of personal requirement of the respondents. A number of pleas was raised by the appellants in defence to the suit. One of the controversies was as to whether or not the suit was governed by the Jammu & Kashmir Houses and Shops Rent Control Act, 1966. Even though no issue on this ground was formally raised, nevertheless the learned counsel for the parties addressed arguments on this legal aspect and the trial court after hearing the learned counsel for the parties came to the conclusion that the J & K Houses and Shops Rent Control Act was not applicable to a suit where the defendants to be ejected was Government. The appellants challenged this order of the trial court before the High Court but with no success. Thereafter, it appears that the parties did not chose to invite findings of the court on all the points in dispute and limited the trial of the suit to the following issues alone :

1. Whether the suit was bad for misjoinder of the parties? O.

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