Section 40 in Andhra Pradesh Court-fees and Suits Valuation Act, 1956
40. 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 or for acceptance of patta in exchange for a muchilika;(b)for the enhancement of rent;(c)for the delivery by a landlord of a lease or for obtaining a patta in exchange for a muchilika;(d)for the recovery of possession of immovable property from which a tenant has been illegally ejected by the landlord;(e)for establishing or challenging 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, 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.(3)In an appeal from a suit to contest a distraint under sub-section (1) or subsection (2) of section 95 of the Andhra Pradesh (Andhra Area) Estates Land Act, 1908 (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.
