JUDGMENT :- This appeal is preferred by the plaintiff against the order of remand of the learned District Judge, East Tanjore, directing the trial court, the Sub Court, Mayuram, to try afresh and dispose of the suit, O. S. 26 of 1958, after giving opportunity to both sides to adduce additional evidence in the light of the observations made by him in his order. This order of remand is clearly illegal and opposed to the provisions of Or. XLI Rule 23 C.P.C.

2. The facts of the case may be briefly stated. The plaintiff (appellant herein) granted a lease to the first defendant evidenced by a registered lease deed, Ex, A.1, dated 29-06-1954, comprising nanja lands of an extent of 32 acres 90 cents for a period of five years. The first defendant is the lessee, the second defendant being his surety for the due performance of the obligations of the lessee. For two years the lessee appears to have paid the rent due to the plaintiff but trouble arose during the subsequent years.

3. On 2-2-1957, the lessee issued notice, Ex. B-17, to the landlord purporting to be under S. 3(9) of the Madras Cultivating Tenants (Payment of Fair Rent) Act, Act XXIV of 1956 (hereinafter called the Act) in