Section 41 in The Rajasthan Court Fees and Suits Valuation Act, 1961
41. Suits between landlord and tenant.
(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.
