The classes of cases in which an appeal lies against an order of the Rent Controller under the Haryana Urban (Control of Rent and Eviction) Act, 1973 are determined by Notification No.1562-CR 47/ 9228 dated 14-4-1947, which continues to hold the field. Orders made by the Rent Controller under Sections 4, 10, 12 and 13 of the Act alone are appealable.

S.S.SANDHAWALIA, J.

1. Whether any and every order of the Rent Controller appointed under the Haryana Urban (Control of Rent and Eviction) Act, 1973, against which a party may claim to be aggrieved, would now become appealable under Sec.15(2) of the said Act by virtue of Notification No. S.O./71/HA-11/73/S.15/78. dated 8th May, 1978, is the somewhat significant question which falls for determination in this case by the Full Bench.

2. Though the question aforesaid is primarily legal, yet the facts highlighting the issue deserve a somewhat detailed notice. The respondent-landlord herein had preferred a petition for ejectment under Sec.13 of the Act against his tenant from a shop situated on Dev Samaj College Road, Ambala City on the ground of non-payment of rent from 1st of Sept., 1973, to the 31st of Jan., 1979 at a rate of Rs. 800 p.m. amounting to Rupees 52,000. In response thereto whilst contesting the same, the tenant admitted his liability to pay the arrears to the extent of Rs. 9,000 only at the rate of Rs. 250 p.m. The Rent Controller by his impugned order dt. 20th Mar., 1979, accepted the rate of rent claimed by the landlord at Rs. 800 p.m. and computing the same for a period of three years from January 1, 1976 to December 31, 1978, directed the payment of Rs. 28,800 at the time of the next hearing. Besides the aforesaid arrears the tenant was also directed to pay an amount of Rs. 3,456 as interest thereon and Rs. 25 as costs of the litigation.

3. Aggrieved by the aforesaid order of the Rent Controller the petitioner-tenant herein preferred an appeal before the Appellate Authority, i.e. the Additional District judge Ambala. Before him a preliminary objection was raised on behalf of the landlord that no appeal was competent against a mere interlocutory order of the Rent Controller computing the rent and directing the payment of the arrears thereof on the first hearing. The stand of the petitioner-tenant before the Appellate Authority was that by virtue of the aforesaid notification dated 8th of May, 1978, any and every order of the Rent Controller had now become appealable under Sec.15 of the Act. This contention, however did not find favour with the Appellate, Authority, who in a considered Judgment held that no appeal lay against the aforesaid order of the Rent Controller and the only remedy available to the petitioner was by way of revision.

4. This Civil Revision originally came up before I.S. Tiwana, J. sitting singly. Before him, the view expressed in Delhi Cloth and General Mills Co. Ltd. V/s. Om Parkash, 1981 Cur LJ (Civil) 430 was assiduously assailed as incorrect, and further noticing the significance of the issue and the frequence with which it was likely to arise the matter was referred to a larger Bench. The Division Bench equally took the view that the question herein had wide ranging ramifications not only with regard to the law applicable in Haryana but perhaps equally to the analogous provisions in the East Punjab Urban Rent Restriction, Act, 1949. The case was, therefore, referred for an authoritative decision by the Full Bench and that is how it is before us now.

5. In view of the reasons which appear hereafter and in particular because the notifications falling for construction are inter-related with those issued under the East Punjab Rent Restriction Act, 1947 it is not only apt but indeed imperative that this issue must be viewed in its true legislative background. It is unnecessary to delve any further than the Punjab Rent Restriction Act of 1941 which was enacted by the State of Punjab before even the partition of the country. Six years later, the Punjab Rent Restriction Act, 1947 was promulgated on the 14th April, 1947 and meaningful changes were introduced in the law and the earlier statute was subsequently re-cast. This Act applied to all urban areas in the undivided Punjab and further, set up an altogether new machinery for determining fair rent and performing other functions under the