BHARAT SANCHAR NIGAM LTD. Vs. GANESHI DEVI TRUST

JUDGEMENT

(1.) Petitioners in instant petition under Sec. 104 of the Constitution of the Jammu and Kashmir, impugn order dated Sept. 17th, 2013, passed by learned 1st Additional District Judge, Jammu, (for brevity "Court below") in a suit titled Smt. Ganeshi Devi Trust and another Vs. 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. 11,64,725.00, 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:-

(3.) It is pleaded that as the issues were not properly framed, petitioner No. 2 and proforma respondent filed application for their amendment and learned trial Court did not amend the issues but on the basis of said application framed two additional issues and out of them four issues were treated as legal issues, which are as under :-