section 41
Suits between landlord and tenant
The Rajasthan Court Fees and Suits Valuation Act, 1961Civil196174 sections8 chapters
Chapter IV Computation of Fee.
Statutory text
- (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.
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