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.