section 40
Suits for specific performance
The Rajasthan Court Fees and Suits Valuation Act, 1961Civil196174 sections8 chapters
Chapter IV Computation of Fee.
Statutory text
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.
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