JUDGMENT N.N. Mithal, J. - In this Second appeal an issue was remitted to the lower appellate court and its findings have been received according to which an agreement in favour of the plaintiff to construct the disputed culverts was found to be proved, time was granted to the parties learned counsel to file objections, if any, against the findings but none has been filed by the appellant. 2. Having heard the learned counsel, I am of the view that the appeal must fail. Admittedly a contract for construction of your culverts had been given and the culverts had in fact been constructed on the spot. The dispute between the parties was that this work was actually entrusted to the plaintiff or to another contractor Suleman. The lower appellate court, for reasons recorded by it, has come to the conclusion that the work was entrusted to the plaintiff-respondent and not to Suleman. Nothing has been pointed out from the record which may persuade me to take a different view of the matter under Section 70 of the Contract Act also, the plaintiff would be entitled to the expenses incurred by him in constructing the culverts. The lower appellate court has decreed the claim for Rs. 907/87 and I think for good and valid reasons. I do not find any illegality in the order of the court below. 3. In the result, the appeal fails and is accordingly dismissed with costs.