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Section 40: Suits for specific performance

The Rajasthan Court Fees and Suits Valuation Act, 1961State Act of Rajasthan · Act 23 of 1961

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.

Where this provision sits

ActThe Rajasthan Court Fees and Suits Valuation Act, 1961
Section40
Marginal noteSuits for specific performance
JurisdictionState of Rajasthan
StatusIn force as published by the source

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