Wadegaonka, A J C—Defendant No. 2 was given a license to carry on the liquor shop at Kharkala Tahsil Harsud for the year 1920-21. Under the terms of the license, he had to pay Rs. 108 per month to Government as license-fee and Defendant No. 1 stood as his surety for punctual payment of this sum. As Defendant No. 2 failed to make punctual payments, Defendant No. 1 moved the Government to remove Defendant No. 2 and to permit him to carry on the liquor shop for the remaining term of the license, and the Government did accordingly. However, as plaintiff was related to Defendant No. 2, it was agreed between the parties that Defendant No. 1 should permit Defendant No. 2 to carry on the liquor shop and that plaintiff should be responsible for payment of Government demand if Defendant No. 2 failed to pay it in time. It was further agreed between the parties that if plaintiff paid the Government demand, Defendant No. 1 should recover it from Defendant No. 2 and pay it to the plaintiff. Plaintiff alleged that he paid the kist for January 1921, viz., Rs. 108, on 24th January 1921 and he brought a suit for recovery of this sum together with interest thereon at Rs. 2 per cent, per mense