Sir John Edge:-

This id an appeal from a decree dated the 24th February, 1916, of the High Court at Allahabad which set aside a decree dated the 22nd September, 1913, of the Court of the Subordinate Judge of Shahjahanpur so far as it affected Abdul Rahman Khan, Asad All Khan, Raushan Ali Khan and Rajab Ali Khan, certain defendants to the suit who had appealed from the decree of the Subordinate Judge. The defendants above named were sued as sureties. The other defendants to the suit did not appeal from the decree of the Subordinate Judge, and his decree as against them has become final.

The plaintiff in this suit, who is a zamindar, in May 1902 contracted by lease to sell to Muhammad Avnana-tallah Khan, who will be referred to as defendant No. 1, trees growing in Mauza Gulavhai to be cut and removed by the defendant No. 1. A dispute having arisen between the plaintiff and the defendant No. 1 the latter brought against the Plaintiff a suit for specific performance of the contract, which on the 9th January, 1909, resulted in a compromise in accordance with which the suit for specific performance was decreed. In pursuance of the compromise the defendant No, 1 on the 14th January, 1909, e