JUDGMENT - A.P. SHAH, J. :---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 :

The plaintiff had filed a suit against the defendant claiming following reliefs :

(a) That it may be declared that the defendant has no right title or interest in the said premises situate at Silla Villa, 21 Meghraj Sethi Marg, Bombay Central, Bombay-8 and that he is trespasser in respect of the said premises;

(b) That the defendant be ordered and decreed to vacate and deliver to the plaintiff quiet vacant and peaceful possession of the said premises situate at Silla Villa, 21, Meghraj Sethi Marg, Bombay Central, Bombay-400 008;

(c) that the defendant be ordered and decreed to pay to the plaintiff:

(i) a sum of Rs. 500/- per month as mesne profits and/or damages for the defendants wrongful use and occupation of the said premises till the date of the suit aggregating to Rs. 4,500/- together with interest thereon at the rate of 6% per annum from the date of the suit till payment; and

(ii) mesne profits and/or damages at the rate of Rs. 500/- per month or at such other rate as this Honble Court deems fit and proper from th

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