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1993 Supreme(SC) 367

KULDIP SINGH, S.MOHAN
J. S. Jadhav – Appellant
Versus
Mustafa Haji Mohamed Yusuf – Respondent


Advocates:
BHARAT SANGAL, D.N.GOVARDHAN, T.V.RATNAM, V.R.REDDY

JUDGMENT

MOHAN, J..:—This is a statutory appeal under S. 38 of the Advocates Act of 1961.

2. The brief facts are as under:

The respondent engaged the appellant as a counsel in Suit No. 510 of 1964, this was in April, 1976. The suit was ultimately compromised on 14-6-77. It was ordered that out of the total amount lying with the court receiver, a sum of Rs. 64,000/- shall be paid over to the plaintiff; the balance was to be paid to the respondent and possession of suit property was to be handed over to the respondent by the court receiver.

3. During the pendency of the suit the court receiver inducted one Usman Ghani Haji Mohamed as a tenant. He filed CS No. 7 of 1978 praying for an interim injunction restraining the court receiver from handing over possession to the respondent. That suit was continued.

4. After the compromise decree was passed on 14-6-77 the appellant who was the counsel for the respondent was requested to withdraw the amount lying with the court receiver and hand over the same to the respondent. For this purpose, a letter of authorisation to enable the appellant to receive the amount was also issued. Pursuant to the letter of authorisation and instructions, a total am






















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