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CHAPTER IV Computation of Fee.

Section 40: Suits for specific performance

The Rajasthan Court Fees and Suits Valuation Act, 1961

How current this text is

Text as published by India Code for the Government of Rajasthan, with amendments up to Rajasthan Act No. 19 of 2009.

The Rajasthan Court Fees and Suits Valuation (Amendment) Act, 2020 (Act No. 11 of 2020) substitutes section 21, which now caps the fee in a suit for damages for defamation at twenty five thousand rupees; not shown in this text.

Schedules I, II and III are also published by India Code as separate files.

In a suit for specific performance, whether with or without possession, fee shall be payable-

(a) in the case of a contract of sale, computed on the amount of the consideration;

(b) in the case of a contract of mortgage, computed on the amount agreed to be secured by the mortgagee;

(c) in the case of a contract of lease, computed on the aggregate amount of the fine or premium, if any, and of the average of the annual rent agreed to be paid;

(d) in the case of a contract of exchange, computed on the amount of the consideration, or as the case may be, on the market value of the property sought to be taken in exchange;

(e) in other cases, where the consideration for the promise sought to be enforced has a market value, computed on such market value or where such consideration has no market value, at the rates specified in section 45.

Practise questions on Rajasthan Local Laws