The District Judge of West Thanjavur, in C.M.P. No. 39 of 1965 remitted the application filed by the landlord for fixing of fair rent to the Rent Controller for final disposal on the ground that he was not satisfied with two of the findings rendered earlier. The main question that is canvassed before me by the petitioner in this Civil Revision Petition who is the Senior Superintendent of Post Offices, East Thanjavur, is that the learned District Judge who exercised the powers under section 25 (1) (b) of the Madras Act (XVIII of 1960), has no powers of such remand and that, therefore, the order remitting the case for further trial and disposal by the Rent Controller, is unwarranted.

There is a volume of literature on this subject whether an appellate Court, under Madras Buildings (Lease and Rent Control) Act, or a revisional Court, exercising power under the Madras Act XVIII of 1960 has powers of remand, enabling them to remit the subject-matter for fresh enquiry by the Rent Controller. The earliest case is one decided by Rajamannar, C.J.,and Raghava Rao, J., in Rangaswami Naidu v. Second Judge, Small Causes Court, Madras1. Their Lordships considered the scope of section 12 (3