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CHAPTER IV Computation of Fee.

Section 41: Suits between landlord and tenant

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.

(1) In the following suits between landlord and tenant, namely:-

(a) for the delivery by a tenant of the counter-part of a lease;

(b) for the enhancement of rent;

(c) for the delivery by a landlord of a lease;

(d) for the recovery of possession of immovable property from which a tenant has been illegally ejected by the landlord; and

(e) for establishing or disproving a right to occupy; fee shall be levied on the amount of rent for the immovable property to which the suit relates, payable for the year next before the date of presenting the plaint.

(2) In a suit for recovery of immovable property from a tenant including a tenant holding over after the termination of a tenancy, fee shall be computed on the premium, if any, and on the rent payable for the year next before the date of presenting the plaint.

Explanation.- Rent includes also damages for use and occupation payable by a tenant holding over.

Questions on this section

1 question in 2 of our papers cite Section 41.

Practise questions on Rajasthan Local Laws