Section 43 in Tamil Nadu Court-Fees and Suits Valuation Act, 1955
43. Suits between landlord and tenant.
(1)In the following suits between landlord and tenant, namely:-(a)for the delivery by a tenant of the counterpart of a lease- or for acceptance of patta in exchange for a muchilika;(b)for enhancement of rent;(bb)[ in respect of the transferred territory, for abatement of rent, where it is not coupled with any other relief;] [Inserted by the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1965 (Tamil Nadu Act 22 of 1965).](c)for the delivery by a landlord of a lease or for obtaining a patta in exchange for a muchilika;(d)for recovering occupancy of immovable property from which a tenant has been illegally ejected by the landlord;(e)for establishing or disproving a right of occupancy;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 I 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.(3)In an appeal from a suit to contest a distraint under section 95, sub-section (1) or sub-section (2), of the [Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Estates Land Act, 1908 [Tamil Nadu] [Substituted for the word 'Madras' by the Tamil Nadu Adaptation of Laws Order, 1969 as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] Act I of 1908), or to contest the right of sale under section 112 of that Act, fee shall be charged on the amount of the arrears for which the distraint has been made or the sale is proposed to be held.
