JUDGMENT - DHABE H.W., J.:-This is a second appeal preferred by the defendant-tenant against the concurrent judgment of the courts below.

The only point raised in this case before the courts below was whether the defendant-tenant proved that at the time when the lease was created, Laxmanrao Mairal had orally assured not to demand the vacant possession of the demised property by terminating the tenancy for a period of 10 years therefrom, as alleged. Both the courts have answered the aforesaid point against the defendant-tenant. The finding rendered by the courts below in this regard is a finding of fact based upon the evidence on regard. It is not, therefore, open to me to disturb the same in the limited scope of the second appeal as it does not involve any question of law.

2. The other question raised on behalf of the defendant, that all the legal representatives of the deceased landlord Laxmanrao did not join to file the instant suit, also involves determination of the questions of fact, and the finding of the courts below on that question therefore is final. The same cannot be interfered with in this second appeal. The question as regards, the legality or validity of the notice i

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