( 1 ) DURING the course of arguments on 1-8-2007 Shri Vikram G. Tamaskar, learned counsel for the applicant had prayed that this Court should invoke the suo motu revisional jurisdiction under sub-section (1) of Section 115 of the Code of civil Procedure (hereinafter referred to as 'the Code') and set aside the order dated 7-12-2001 as also quash the proceedings as being patently without jurisdiction. Before invoking such jurisdiction, learned counsel were called upon to address on the order dated 7-12-2001 rejecting the application under O. 7, R. 11 of the Code filed by the applicant herein for rejection of the plaint.

( 2 ) LEARNED counsel were heard.

( 3 ) ADMITTED facts in brief are as follows : one Laljee Joshi filed an application before the Rent Controlling Authority, bemetara (hereinafter referred to as 'the rca') under the 'provisions of the then madhya Pradesh Accommodation Control act, 1961 for eviction of the respondent/tenant Bhaiyyaram on ground of bona fide requirement, which was registered as Revenue case No. 161c/121, 82-83. Vide order dated 30-8-1986, the RCA passed an order of exaction of the respondent/tenant.

( 4 ) AGGRIEVED by the order passed by the rca, the t

Click Here to Read the rest of this document