FAREDOON MANECKJI DALAL Vs. PHIROZE BOMANJI JAVERI

JUDGEMENT

(1.) This matter has been placed before me on a reference made by the Taxing Master. Briefly, the facts leading to the reference are as follows :

(2.) In para 12 of the plaint, the plaintiff had valued the said suit for the purpose of payment of court fees as follows :

(3.) By a judgment and decree dated Aug. 12, 1994, I.G. Shah, J. decreed the suit in terms of prayers clauses (a), (b) and (c). Thereafter, the plaintiff filed a draft of drawn-up decree in the office for setting the same. In a Meeting, which was held before the Taxing Master, it was pointed out to the plaintiff that he is required to pay additional fees on the aggregate amount of mesne profit till the date of the judgment. The plaintiff, however, disputed his liability and, therefore, the Taxing Master has made this reference before this Court.