N. Kumar, J.

This House Rent Revision Petition is placed before this Division Bench by virtue of the order of reference passed by the Hon'ble Chief Justice on 17.3.2015. The learned Single Judge, who sought the reference, has framed the following two questions.

(1) In view of decision in Smt. Lakshmamma and others v. B.P. Thirumala Setty & others, ILR 2005 KAR 5599 is the decision in the case of Sri. Saleem v. Sri. Syed Yousuff and others, 2009 (5) KCCR 3746, a good law?

(2) As provision of Section 43 is an independent provision requiring the Court dealing with petitions under provisions of Rent Act to refer the question regarding jural relationship between parties to have their rights adjudicated by a competent Court of Civil jurisdiction, will not Section 45 to be inapplicable in view of the phrase operating under Section 45 against any order passed but on an application under Section 27 of the Act?

2. In order to answer the aforesaid questions, it is necessary to know the factual background and for the sake of convenience, the parties are referred to as they are referred in the original proceedings.

3. The petitioner Smt. Jayalakshmi filed HRC No. 299/2008 invoking provisions