JUDGMENT

R.C.LAHOTI, J.

(1) A petition seeking eviction of tenant on a ground available under section 13(3)(a)(i)(a) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter the Act, for short) succeeded before the rent controller who passed an order of eviction. The order was maintained by the appellate authority who dismissed the tenants appeal. In a revision preferred by the tenant under section 15(5) of the Act, the High Court had set aside the order of eviction and directed the eviction petition to be dismissed. The aggrieved landlady has come up in appeal by special leave.

(2) THE ownership of the landlady over the premises and their occupation by the respondent in the capacity of a tenant, is not disputed. The requirement, as alleged in the pleadings and as was found by the rent controller, is that the landlady is a nurse, presently in occupation of a quarter allotted to her in the hospital where she is serving. There she is residing with her husband and two children. Smt. Bir Kaur was the landladys husbands sister, who, unfortunately died of cancer. She has left behind two children, a son aged about 13 years and a daughter aged about 4 ye