- (1.) Present appeal has been filed against the judgement and decree dated 23.07.2014 passed by Additional District Judge, Court No. 9, Bulandshahar in Civil Appeal No. 249/2011 thereby setting aside the judgement and decree dated 07.08.2011 passed by trial court in Original Suit No. 133 of 2009.
(2.) Learned counsel for appellant has pressed the present appeal on the following substantial question of law:- "a) Whether the lower appellate court was justified in misconstructing the Amin report regarding the damages to the mango garden wherein the brick kiln was not started. b) Whether the lower appellate court was justified in allowing the appeal on no evidence regarding the damages caused to the plaintiff."
(3.) I have heard learned counsel for appellant and gone through the record.;