1. MUHAMMAD HALEEM, C.J.-- This appeal arises from the judgment of the Baluchistan High Court, Quetta dated 4th of October, 1978, by which the second appeal of respondent No.1, was allowed and the appellant and one Haji Abdul Jalil were ordered to be ejected from House No.4-9/23 situate at Arts School Road, Quetta, Leave to appeal was granted to consider as to whether the High Court was correct in holding that the pleas of reconstruction and personal use were not mutually destructive of each other.
2. An issue covering this point was framed in the trial Court which was decided against respondent Ghulam Haider and on appeal the order of the Rent Controller was upheld. The High Court in holding, as it did, followed the decision of this Court in Abdul Bari v. Khadan Hussain PLD 1978 8 C 78 in which the case of 9h. Muhammad Yusul v. Zohran Bibi PLD 1973 Posh, 188 was overruled and the case of Abdullah Baluch v. Adam Ali PLD 1981 SC 28, was distinguished, Subsequent to the judgment in Abdul Bari's, case this Court again considered the effect of the to pleas in Dawood v , Muhammad Yasin PLD 1982 SC 227, and hold that they were not mutually destructive of each other. The controversy has now been finally resolved by the decision in this case, Accordingly, no ground exists for examining this question. The appeal being thus without any merit is dismissed, but with no order as to costs.