JOSEPH Vs. DISTRICT JUDGE ERNAKULAM

JUDGEMENT

(1.) The petitioner in O. P. No. 309 of 1960 is the appellant before us. He was the respondent in R. C. P. No. 24 of 1957 before the Rent Controller, Ernakulam. By that petition his landlord sought his eviction from building No. 122 in Ward No. VI of the Ernakulam Municipality. The Rent Controller allowed the petition and directed him to surrender possession of the building by Ext. P 1 dated 23-8-1958.

(2.) The appellant before us appealed to the Rent Control Appellate Authority, Ernakulam. The Appellate Authority remanded the case to the Rent Controller for a fresh disposal. Ext. P 2 dated 30 3 1959, as amended by Ext. P 3 dated 24-7-1959, is the order of remand.

(3.) The landlord sought a revision of the order of remand before the District Judge of Ernakulam by R. C. R. P. No. 12 of 1959. The District Judge came to the conclusion that the Appellate Authority had no power to remand and directed it to deal with the appeal.