(1.) The short question which arises for consideration in this petition under Article 227 of the Constitution of India is whether an appeal is maintainable before the learned Appellate Authority constituted under the H.P. Urban Rent Control Act, 1987 (hereinafter referred to as 'the Act') against an order passed by the Rent Controller on an application filed under Order 21, Rules 97, 98, 99 and 101 of the Code of Code of Civil Procedure (Code of Code of Civil Procedure).
(2.) Prior to issuance of the notification dated 10th October, 2006 issued by the State of H.P. under the Act, the law was well settled that an appeal lies against such an order, since the reasoning was that any order dismissing the objections under Order 21 Rules 97, 98, 99 and 101 amounts to a decree and, therefore, an appeal is maintainable. In this regard, reference to the judgment of this Court in Harjinder Kaur v. K.R. Aggarwal and Anr.,2000 2 SLC 185, may be made, wherein after discussion of the entire law, the Court held as follows:
(3.) The learned lower Appellate Court has held that the situation has undergone a change due to the notification dated 10th October, 2006, issued by the State of Himachal Pradesh, which reads as follows: