S.S.SANDHAWALIA, J.

1. Whether the requirement of a landlord for the occupation of his residential building must be immediate and existing on the very date when he moves the application u/s. 13 (3) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, is the primary question that falls for determination in this case.

2. This writ petition under Article 226 of the Constitution of India has arisen in the wake of the recent enactment of the statute above-mentioned. Thereunder the powers of the Rent Controller u/s. 2(b) of the Act within the State of Haryana have now been conferred on the Assistant Collector, Ist Grade, and under section 15, the appellate and the revisional powers have been conferred on the respective Deputy Commissioners and the Financial Commissioner.

3. Respondent No. 2 Hari Mohan Gauri at the material time was posted as the Deputy Director Administration, Central Hindi Directorate, Ministry of Education, New Delhi. In anticipation of his retirement (which took place with effect from the 13.10.1973) he moved an application on the 10.01.1972, u/s. 13 of the East Punjab Urban Rent Restriction Act, 1949, for ejectment of the writ petitioner from house