JUDGMENT

Gopal Sri Ram JCA:

The appellant is an advocate and solicitor. He was found guilty of misconduct unbecoming of an advocate and solicitor by the disciplinary committee. He appealed to the High Court. His appeal was dismissed. He then appealed to this court. We heard his appeal on 16 February 1998 and dismissed it. The reasons for our decision are as follows.

The facts relevant to this appeal are not in dispute. The appellant practises under the name and style of Gana Muthusamy & Co. At all material times the appellant represented the landlord of certain premises in Johor Baru. The tenant was represented by M/s L.M. Ong & Co, a firm of advocates and solicitors. They are the respondents to this appeal. The landlord commenced an action against the tenant in the Sessions Court. While that action was still pending, the respondents, on 30 March 1989, paid to the appellant a sum of RM520 as rental for the months of April and May 1989. The appellant's receipt, however, treated that sum as payment of mesne profits. So did his letter under the cover of which he sent the receipt to the respondents. There then followed an exchange of correspondence between the parties. The respondents