This is an appeal against the order dated 25.9.1998, passed by 12th Additional District Judge, Jabalpur, in MCA No. 100/97, arising out of the order dated 6.11.1997, passed by Rent Controlling Authority, Jabalpur, in Case No. 2-A/90(i)/96-97.

This appeal has been filed against the impugned order dated 25.9.1998, passed by the Rent Controlling Authority, in exercise of its power, under section 11 of the M.P. Accommodation Control Act, 1961 (henceforth 'the Act').

It has been argued by learned counsel for the appellant that the power to fix interim rent was not appealable before the learned Additional District Judge and, therefore, the order of remand dated 25.9.1998, passed by 12th Additional District Judge, Jabalpur, be set aside and the order passed by the Rent Controlling Authority under section 11 of 'the Act' dated 6.11.1997 be maintained.

As against this, learned counsel for the respondent argued that this is an exceptional case, where the Court below was entitled to entertain an appeal against the interim order. It was submitted that the appellant-tenant had filed an application for fixation of standard rent, when the respondent filed a civil suit for his ejectment. Now, taking advantage of this order of interim rent, fixed by the Rent Controlling Authority, the respondent is depositing arrears of rent at the rate of Rs. 150/- (Rupees One Hundred Fifty) per month and not at the agreed rent or the real standard rent. Looking to these facts, it should be held that it is an exceptional case and appeal lies.

Having heard the learned counsel for the parties, this Court must consider the scope of appeal under section 31 of 'the Act'. It is therefore, necessary first to reproduce section 11 of 'the Act' which is as follows :

"Sec. 11. Fixation of interim rent -- If an application for fixing the standard rent or for determining the lawful increase of such rent is made under section 10, the Rent Controlling Authority shall, pending final decision on the application, make, as expeditiously as possible, a provisional order specifying the amount of the interim rent or lawful increase to be paid by the tenant to the landlord and shall appoint the date from which such interim rent or lawful increase so specified shall be deemed to have affect."

It is clear from the aforesaid section that interim rent is fixed pending final decision i.e. the Rent Controlling Authority retains sesin over the matter for fixing the final rent. The wordings of the section also show interim rent is only fixed for the time being till the final order is passed. The effect of passing of an order of fixation of interim rent during the pendency of the application under section 10 of 'the Act' is liable to be modified theoretically as well as in actuality by the final order passed by the Rent Controlling Authority.

Section 31 of 'the Act' may now be reproduced as under :

"Sec. 31. Appeal to District Judge or Additional District Judge -- (1) An appeal shall lie from every order of the Rent Controlling Authority made under this Act to the District Judge or an Additional District Judge having territorial jurisdiction (hereinafter referred to as the Judge) and the decision of the appellate Court shall be final.

(2) An appeal under sub-section (1) shall be preferred within thirty days from the date of the order made by the Rent Controlling Authority :

Provided that in computing the period of thirty days the period requisite for obtaining a copy of the order shall be excluded :

Provided further that the Judge may for sufficient reasons allow an appeal after the expiry of the said period."

It is true that sub-section (1) of section 31 of 'the Act' says that an appeal lies from every order. What is then the meaning of every order of Rent Controlling Authority? Did the legislature intend to include in the words "every order" an interim order. If that be so, the interim order shall be appealable. If that be not so. then no amount of hardship shall make the interim order