Tashi Rabstan, J.

Petitioners in instant petition under Section 104 of the Constitution of the Jammu and Kashmir, impugn order dated September 17th, 2013, passed by learned 1st Additional District Judge, Jammu, (for brevity "Court below") in a suit titled Smt. Ganeshi Devi Trust and another v. Union of India and others filed by respondents 1 and 2 for ejectment of petitioner No. 2 and proforma respondent from House No. 69 D/C, Gandhi Nagar, Jammu and for recovery of amount of Rs. 11,64,725/-, whereby prayer of the petitioners for amendment of the issues has been declined.

2. It is contended that vide order dated 20-10-2012, learned trial Court settled following issues:-

1. "Whether there is no Privity of Contract between the parties and the suit is filed by incompetent persons as Mr. Tej Ram Gupta who executed the agreement of lease has not been arrayed as a party to the suit and hence the suit is liable to be dismissed? OPD

2. Whether no notice of terminating the tenancy has been issued and as such the suit is premature? OPD

3. Whether the proper court-fees have not been fixed if so, what is the correct fee payable? OPD

4. Whether the plaintiff have stepped into the shoes of Lt.