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Report No. 77

Q. 48. Mesne profit.-

It has been suggested that in suits for eviction, damages for use and occupation of the premises1 should be fixed at the real letting value in the market, plus 10% thereof, instead of the rent for which the premises, were last let, in order to discourage frivolous defences which are often advanced merely for prolonging the dispossession of the tenant.

What are your views in the matter?

1. Cf. section 2(12) of the Code of Civil Procedure, 1908, defining "mesne profits".

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