Judgment

CHINNAPPA REDDY, J.

( 1 ) MELARAM, brother of the appellant was the highest bidder at an auction of a forest coupe. The coupe was knocked down in favour of Melaram for a sum of Rs. 93,000. Melaram executed an agreement undertaking to pay the sum of Rs. 93,000 in certain instalments. The agreement was also signed by the Divisional Forest Officer, Nimawer. The appellant, the brother of Melaram, executed a surety bond guaranteeing the payment of the instalments required to be paid by Melaram under the agreement. Melaram committed default in payment of the instalements. A sum of Rs. 38,500. 00 was due from Melaram to the Government. As the Government was attempting to recover the amount from the surety, namely the appellant, he filed the suit out of which the appeal arises for a declaration that the agreement between Melaram and the Government and the surety bond executed by the appellant were illegal and unenforceable. The contention was that the provisions of Art. 299 of the Constitution had not been complied with. It was also pleaded that the plaintiff was discharged from suretyship under Ss. 135 and 139 of the Indian Contract Act. The Trial Court rejected the plea of dischar