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Section 41: Suits between landlord and tenant

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

(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.

Where this provision sits

ActThe Rajasthan Court Fees and Suits Valuation Act, 1961
Section41
Marginal noteSuits between landlord and tenant
JurisdictionState of Rajasthan
StatusIn force as published by the source

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