JUDGMENT

ORDER :— Leave granted.

2. We have heard counsel on both sides in this short rent control case. The ground on which eviction was sought was in terms of Section 13 (3) (a) (i) of the East Punjab Urban Rent Restriction Act, 1949. The sub-section reads thus :

"3. (a) A landlord may apply to the Controller for an order directing the tenant to put the landlord in possession :-

(i) in case of the residential building,

(a) he requires it for his own occupation;

(b) he is not occupying any other residential building in the urban area concerned; and

(c) he has not vacated such a building without sufficient cause after the commencement of this Act, in the said urban area;"

It is common ground that there are three requirements to make out a cause of action for eviction under that provision, and indeed this is apparent from a bare reading of the sub-section. In the present case the finding is to the effect that the landlord requires the residential building for his own occupation. But, the legislation has taken care to insist upon two more conditions, namely. (a) that the landlord is not occupying any other residential building in the area concerned; and (b) that he has not vacated such a b