Suits for Injunction and Trust Property (Sections 26 & 27 of The Rajasthan Court Fees and Suits Valuation Act, 1961)

When a suit for an injunction or for trust property matters is being filed, the court fee is determined according to the value of the property or relief. The fees for the case of an injunction are clarified in Section 26 of The Rajasthan Court Fees and Suits Valuation Act, 1961, while Section 27 addresses trust property cases.

Court Fees for Suits Seeking an Injunction (Section 26)

An injunction is a court order that prohibits someone from engaging in something illegal or safeguards a person’s rights. The filing fee for an injunction suit is based on the category of property and nature of the case.

If the case is about immovable property such as land or building and the ownership of the plaintiff is disputed, the court fee is determined by half the market value of the property or ₹300, whichever is greater. For instance, if someone possesses land valued at ₹2 lakhs but another individual does not accept their ownership, the court fee will be computed on ₹1 lakh (half of ₹2 lakhs) as it is greater than ₹300.

Where the injunction case pertains to defending sole rights of use or sale of a name, book, design, or similar product, the court charge is determined on the figure stipulated in the case or ₹500, whichever is greater. For instance, where a firm sues another for using its company name illegally and puts a figure of ₹10,000 as the amount of damage suffered, the charge will be ₹500 if ₹500 is more than the amount charged on ₹10,000.

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For all other kinds of injunction suits, whether the case subject has a market value or not, the fee is calculated on the amount mentioned in the suit or ₹400, whichever is greater.

Court Fees for Suits Relating to Trust Property (Section 27)

When a case concerns trust property, like an action for possession of assets in trust, trustee disputes, or claims relating to a person’s status as trustee, the court fee is determined differently.

Where the property has a market value, the fee will be one-fifth of such value subject to a ceiling of ₹200. For instance, where there is a dispute involving trust land that is worth ₹50,000, the fee will be charged on ₹10,000 (one-fifth of ₹50,000) but not more than ₹200.

If the property of the trust lacks a market value, then the fee in court is held constant at ₹1,000. For instance, if there is a judicial battle regarding the administration of a temple that lacks a market price, the fee will be ₹1,000.

For religious or charitable endowment cases, the law treats such property as trust property, and the handler as a trustee. The implication is that legal litigation pertaining to temples, mosques, or other religious organizations has the same fee structure.

Sections 26 and 27 make sure court charges are reasonably fixed for injunction and trust cases. Learning these regulations enables individuals and trustees to approximate legal charges while presenting such cases in Rajasthan courts.