Judgement

SHAH, J.: Birendra Krishna Ghosh - hereinafter called "Ghosh" - was practising as an attorney-at-law in the High Court of Calcutta. He died in August 1950. H. K. Banerjee - the first respondent herein - commenced in 1951 an action in the High Court of Calcutta on the original side against Swaran Lata and Arun Kumar - widow and minor son respectively of Ghosh - for a decree for Rs. 15,000/- claiming that it was the balance of "capital deposits" due to him from Ghosh and Rs. 1,535/- interest due thereon. The plaintiff claimed that he had deposited with Ghosh Rs. 6,000/- on December 10, 1946, for the "specific purpose of investing the amount" and the latter agreed to pay interest at the rate of 6 per cent per annum and to repay the same or any portion thereof when demanded; that on or about February 17, 1948, he bad deposited Rs. 10,000/- with Ghosh also for "the specific purpose of investing" that sum, and the latter had agreed to pay interest at the rate of 7 per cent per annum and to repay, the same or part thereof when demanded; that under the agreement Ghosh paid diverse sums of money as interest, and on July 3, 1947 Ghosh repaid Rs. 1,000/- out of Rs. 6,000/-/deposited;