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V.R.NEWASKAR
VEERCHAND DEVICHAND TELI – Appellant
Versus
KASHIBAI PUNAMCHANDJI SALVI – Respondent
V.R. Newaskar, J.
This is a revision petition by a surety who claims to be discharged from his obligation under the surety-bond on the ground that the creditor had given time to the principal-debtor without reference to him. He seeks to rely on section 135 of the Contract Act.
The facts are that the principal debtor Gendalal took on 24-11-1957 a flour mill on lease from Kashibai at Rs. 45 p. m. and her house at Rs. 25 p. m. He also promised to pay electric and other incidental charges. Petitioner Veerchand stood surety on the same date for payment of this rent. Each of them executed a separate document in her favour. The principal debtor i. e. Gendalal failed to pay the rent which fell in arrears. On 15-5-1958 the rent account was made and settled. As per this settlement Rs. 520-29 nP. were found due from him. Gendalal promised to pay this within a week and on his failure to do so he agreed that the amount might be recovered out of his movable and immovable property and from his surety. To this agreement surety was not a party. The principal debtor Gendalal defaulted and failed to pay within a week as he had agreed. The creditor Kashibai thereupon sued both the principal debtor
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