M.C. JAIN, J.—The following question of law was referred by one of us (M.C. Jain, J.) to answered by the Full Bench vide order of reference dated 2-9-1978 :—

"Whether the finding recorded by the first appellate court on the issue relating to comparative hardship remitted by this Court, being a finding of fact, is not open to challenge in the second appeal ?

2. The material facts leading to the present reference may be briefly stated as follows:—

3. Mahant Ramdas, plaintiff-respondent, instituted a suit for arrears of rent and ejectment from the disputed premises on the ground of personal necessity and default in the Court of Munsif, Udaipur, who by his judgment dated 30-11-1966 decreed the suit for eviction having found issue No. 2 regarding personal necessity in favour of the plaintiff. The defendant went in appeal, but his appeal was dismissed by the learned Additional District Judge, Udaipur, vide his judgment dated 10th of July, 1968. The defendant then preferred the second appeal. During the pendency of the second appeal the Rajasthan Premises (Control of Rent and Eviction) (Amendment) Act, 1976, came into force and in view of the amended section 14(2) the following issue of comp

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