( 1 ) THE respondent who claims to be a landlord of the suit premises filed an application for eviction against the petitioner under S. 21 (l) (h) of the mysore Rent Conrtol Act, 1961 (hereinafter referred to as the Act ). The petitioner resisted the application on several grounds inter alia contending that she is not a tenant and that she is in possession of the premises in her own right. During the pendency of the eviction proceedings the respondent made an application under S. 29 of the Act, requesting the Court to stop further proceedings and to take an order for summary eviction against the petitioner on the ground that she has not paid the rent for a period of about 60 months. That application was resisted by the petitioner mainly on the ground that unless the Court decides in the first instance the issue pertaining to tenancy and holds that the petitioner is a tenant under the respondent, the Court is net entitled to make any order on the application filed by the respondent, under S. 29 of the Act. The learned Munsiff, over-ruled the objections of the petitioner and made an order against the petitioner under S. 29 of the Act, directing her to pay the arrears of rent within the prescribed time. It is the said order that is challenged by the petitioner in this revision petition. ( 2 ) IT was contended by the learned Counsel for the petitioner, that the Court below committed an error of law in holding that in view of the finding recorded by the First Additional District Judge, Bangalore, in a previous suit HRCA. No. 243 of 1968 it is unnecessary to decide the question of tenancy afresh in these proceedings. It may be mentioned at this stage that the respondent filed a case in HRC. No. 504 of 1965 against the petitioner for eviction under S. 21 (l) (a) and (h) of the Act. In that proceeding the petitsoner raised the same contention viz. , that she is not the tenant of the premises and that she is in possession of the premises in her own right. That objection of the petitioner was overruled and an order for eviction was passed against her. That order was challenged by the petitioner in HRCA. No. 243 of 1968. The learned 1st Addl. Dist. , that she is not the tenant of the premises and that she is in possession of the premises in her own right. That objection of the petitioner was overruled and an order for eviction was passed against her. That order was challenged by the petitioner in HRCA. No. 243 of 1968. The learned 1st Addl. Dist. Judge, who heard the said appeal, set aside the order of eviction passed by the Court of 1st instance solely on the ground that the notice of termination of tenancy given by the repondent is not legal and valid. He, however affirmed the finding recorded by the Court of first instance to the effect that the petitioner is a tenant of the premises under the respondent. The Court below has come to the conclusion in view of the finding recorded in HRC. Appeal No. 243 of 1968 that the petitioner is a tenant under the respondent of the suit premises. He has held that the said finding is final and cannot be reopened in view of the provisions contained in S. 45 of the Act. The said Section reads as follows:"the Court or the Controller shall summarily reject any application under this Act which raises, between the same parties or between parties under whom they or any of them claim, substantially the same issues as have been finally decided in a former proceeding under this Act or under any of the enactments repealed by S. 62. "it is no doubt true, that the previous proceeding was between the same parties. It is also true that there is a finding recorded in the previous proceeding between the parties by the 1st Addl. Dist. Judge that the petitioner is a tenant of the premises under the respondent But in order to attract the provisions of S. 45 of the Act, it is further required to be shown that the same issue has been finally decided in the former proceeding under the Act or an enactment repealed under S. 62 of the Act. ( 3 ) THE question for consideration is as to whether it can be said that the same issue pertaining to tenaney has been finally decided in the previous proceedings viz. , HRC. Appeal No. 243 of 1968. It may be noted, that the said appeal was filed by the petitioner against an order of eviction made by the Court of first instance. , HRC. Appeal No. 243 of 1968. It may be noted, that the said appeal was filed by the petitioner against an order of eviction made by the Court of first instance. But, the petitioner's appeal was allowed and the application for eviction filed against him was dismissed solely on the ground that the notice of termination of tenancy given by the respondent was not legal and valid. As already mentioned the learned Dist. Judge who affirmed the finding of the Court of first instance held that the petitioner is a tenant of the suit premises under the respondent. But as the petitioner succeeded in the said appeal on the ground that the notice of termination is not legal and valid, the petitioner was not entitled to challenge the order passed by the learned District Judge in revision to the high Court under S. 50 of the Act. It is therefore clear, that the petitioner could not have challenged the finding pertaining to tenancy in revision under S. 50 of the Act, as she had succeeded in the appeal before the learned district Judge, on another ground Such being the position it cannot be said that the issue pertaining to tenancv was finally decided in the former proceeding. The provisions of Sec. 45 of the Act are analogous to the provisions of Sec. 11 of the CPC. The same principle also flows from the provisions of S. 11 of the CPC. as well. The Court below in my opinion, was wrong in proceeding on the basis that the issue regarding tenancy has been finally decided in the previous case, and that therefore the same cannot be reagitated in the present proceeding. ( 4 ) UNTIL the Court below records a finding on the jurisdictional issue regarding tenancy, it will have no jurisdiction to make an order under s. 29 oi the Act. The Court below is therefore required to decide the issue pertaining to the tenancy in the first instance as a preliminary issue before dealing with the application filed by the respondent for taking action under S. 29 of the Act. ( 5 ) FOR the reasons stated above, this revision petition is allowed and the order passed by the learned Munsiff is set aside and the case is remanded back to him for fresh disposal in accordance with law. No costs. --- *** --- .