Gulab C. Gupta, J.-l. This is tenant's appeal under Order 43, Rule 1 C.P.C. challenging the legality and validity of the order dated 15-1-86 passed by the II A D.J. to the Court of District Judge, Bhopal, in Civil Appeal No.31.A/84 permitting the respondent to withdraw her suit with permission to file fresh proceedings before the Rent Controlling authority.

2. It appears that the respondent filed her civil suit No. 268/82 before the VII Civil Judge, Class II, Bhopal praying for eviction of the appellant on the ground that the suit premises were required by her for her bona fide requirements as covered u/s 12 (1) (e) of the M P. Accommodation Control Act. 1961 (hereinafter referred to as the Act). The appellant resisted the suit and denied the existence of bona fide requirements. During the pendency of the said suit M.P. Accommodation Control (Amendment) Act, 1983 was brought into force. This Amending Act provided for an alternative forum for deciding ejectment cases based on bona fide requirements and authorised the Rent Controlling Authority to entertain such cases and deal with them in a summary manner provided in the said Act. The order passed by the Rent Controlling Authori