1. The short point that arises for decision in this writ petition is as to whether the view taken by the learned District Judge that the Rent Control Appellate Authority, functioning under the provisions of Kerala Act 16/1959, has no power to remand a proceeding to the Bent Controller Court, is correct or not.

2. The question arises this way: The landlord, who is the respondent before me, filed an application under S.9[3] [a] [i] of the Travancore-Cochin Buildings [Lease and Rent Control] Order, 1950 for eviction of the tenant, the writ petitioner before me, on the ground that he must get possession of the building in question, as he proposes to have it reconstructed.

3. S.9 [1] of the Order is to the effect that a tenant shall not be evicted whether in execution of a decree or otherwise except in accordance with the provisions of that clause.

S. 9 [3] [a] is to the effect that a landlord may apply to the Controller for an order directing the tenant to put the landlord in possession and S.9 [3] [a] [i] is to the effect that he may apply for being put in possession 'where the building is proposed to be reconstructed.'

4. The Rent Controller in this case, originally ordered e