1. ' NASIM HASAN SHAH, J.--The main point urged by the learned counsel for the petitioner is that the petitioner is being sought to be ejected pursuant to an ejectment petition, which is the second petition seeking his ejectment and it is based on the same ground which was taken in the first petition, namely, that the landlord required the premises for his personal need. Since such a second petition filed by the landlord seeking ejectment of the tenant (petitioner herein) was barred by Section 14 of the Baluchistan Rent Restriction Ordinance, 1959, the order of ejectment passed against him was not tenable and liable to be set aside.
2. ' It appears that the respondent/landlord had indeed filed an application for ejectment of the petitioner/tenant earlier wherein he had raised the contention that he required the premises for his personal need but that this petition was withdrawn, as the parties compromised the matter out of Court. Since, however, no decision on the aforesaid plea was given on merits in the first ejectment petition, this issue cannot be said to have been finally decided therein.
3. ' In these circumstances, we do not think that Section 14 can be pleaded as a bar to raising this plea in the second petition.