MOKSHODA SUNDARI DASI Vs. BHUPENDRA NATH BOSE

JUDGEMENT

(1.) This is a reference under Section 14, Legal Practitioners' Act (Act 18 of 1879) made by the District Judge of 24 Parganas in respect of Shri Bhupendra Nath Bose, a pleader ordinarily practising in the district court at Alipore and the courts subordinate thereto.

(2.) The material facts are briefly as follows One Mokshoda Sundari Dasi who is an old and illiterate widow appointed the pleader to act on her behalf in a number of Land Acquisition cases when-some of her lands were acquired by Government. It appears that a sum of Rs. 30140/3/5 pies was awarded to her as compensation. It has been found by the learned District Judge that out of that sum a total amount of Rs. 24083/3/- was withdrawn by the pleader in different instalments on behalf of Mokshada Dasi. The period of such withdrawal ranged between 2-9-50 and 30-3-51. It has also been found by the learned Judge that out of total sum of Rs. 24083-3-0 withdrawn by the pleader a sum of Rs. 14700/- plus Rs. 41/6/4 p. was paid by him to the petitioner on different dates. between 13-4-51 and 9-3-52 leaving a balance of 9341/12/8 p. in his hand. Allowing for fees, to which he can reasonably claim, entitled and certain other sums which he can reasonably claim, the learned District Judge has come to the conclusion that Rs. 8393/14/8 p. is the amount which the pleader is liable to pay to Mokshada Dasi.

(3.) Before the District Judge the defence of the pleader mainly was that he had repeatedly asked Mokshada Dasi to come to his house with her son-in-law and take payment of what was due to her on adjustment of accounts, that Mokshada Dasi had declined to do so, that the amount claimed by the lady was grossly inflated, and that she had not given credit for certain sums which had been paid to her. It was denied that the pleader had acted in any way which could be said to amount to professional misconduct.