Mr. Anil Kshetarpal, J.(Oral) - Tenant-petitioner is in the revision petition against the order passed by the Rent Controller affirmed by the Appellate Authority ordering his eviction on the ground of personal necessity. As per Section 13 (3) (a) of the East Punjab Urban Rent Restriction Act, 1949, landlord while filing a petition is required to plead accommodation in his occupation. Section 13 of the East Punjab Urban Rent Restriction Act, 1949 is extracted as under:-

“13. Eviction of tenants -

(1) A tenant in possession of a building or rented land shall not be evicted therefrom in execution of a decree passed before or after the commencement of this Act or otherwise and whether before or after the termination of the tenancy, except in accordance with the provisions of this Section, 1[or in pursuance of an order made under Section 13 of the Punjab Urban Rent Restriction Act, 1947, as subsequently amended.]

(2) A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. If the Controller, after giving the tenant a reasonable opportunity of showing cause against the applicant, is satisfied

(i) that the tenant has not paid or tender