HASAN ALI Vs. WALIULLAH

JUDGEMENT

(1.) This is an appeal by the defendant and asises out of a suit for recovery of Rs. 2,569 from the defendant under the following circumstances:

(2.) Syed Nabiullah owned certain zamindari property in mauza Rampur in the province of Agra. Under an instrument, dated 20 March 1921, he leased the said property to one Murtaza Husain for a period of five years certain. It was agreed that the lessee would pay the Government revenue, all expenses relating to the management of the property and Rs, 900 a year to the lessor in two instalments. Murtaza Husain, the lessee, was not possessed of any property. The lessor insisted upon the lessee finding a surety for the due fulfillment of his engagements. On 21 May 1921, Syed Hasan Ali, the defendant, executed a contract of guarantee in favour of Syed Nabiullah under which he ensured the due fulfillment of the engagements on the part of the lessee under the instrument, dated 20 March 1921.

(3.) The lease was to run from 1329 F to 1331 F. The lessee having failed to pay rent from 1329 F to Kharif 1331 F, Syed Nabiullah sued him for the rent of that period and obtained a decree on 17 September 1924. On 28 September 1924, the defendant guarantor gave a notice to the lessor revoking his contract of guarantee. Syed Nabiullah died on 2 July, 1925.