1. The petitioner in O.P. No. 309 of 1960 is the appellant before us. He was the respondent in R. G. 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 81958.

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 31959, as amended by Ext. P 3 dated 24 71959, 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.

4. The appellant before us then filed O. P. No. 309 of 1960 and challenged the correctness of the order in revision under Art.226 and 227 of the Constitution. Vaidialingam, J., dismissed the petition by his judgment dated 10 31961. This appeal is directed against