A.R. Lakshmanan, J.

1. This Original Petition was referred by J. B. Koshy, J. by passing the following reference order:

"Question raised in this Original Petition is regarding clarification of the decision in Issac Ninan v. State of Kerala, 1995 (2) KLJ 555, wherein the Division Bench of this Court has struck down S.5 of the Kerala Buildings (Lease and Rent Control) Act, 1965. Petitioner contends that despite the observations and striking down of the section, Rent Control Court can determine fair rent. Since the matter involves interpretation of the Division Bench decision, I am of the view that this matter should be considered by a Bench of this Court. Hence I adjourn the matter to be placed before the Honourable the Chief Justice for appropriate orders. Since the party in person is appearing, the party submits that this may be posted on 25-10-1999."

2. In the Original Petition the petitioner has impleaded only the Rent Control Court, Ernakulam and not the other parties, who are respondents 1 and 2 before the Rent Control Court. Since their presence is necessary for an effective adjudication of the grounds raised in the Original Petition, we suo-moto impleaded them as respond