Suits for Possession, Easement, and Pre-emption (Sections 28-31 of The Rajasthan Court Fees and Suits Valuation Act, 1961)

When a suit is brought for possession of immovable property, rights of easement or pre-emption, the court fees are determined based on the value of the property and the relief sought. Sections 28 to 31 of The Rajasthan Court Fees and Suits Valuation Act, 1961 detail how fees are determined under various circumstances.

Court Fees for Suits Seeking Possession under the Specific Relief Act (Section 28)

When one sues for recovery of possession of immovable property in terms of Section 9 of The Specific Relief Act, 1877, court fee depends upon half of the market value of the property or ₹200 whichever is more.

For instance, if a person illegally dispossesses another of land valued at ₹1 lakh, the court fee will be charged for ₹50,000 (half of ₹1 lakh), as it is above ₹200. This is applicable in cases where the plaintiff need not establish ownership but only illegal dispossession.

Court Fees of Other Possession Suits (Section 29)

For suits for possession of immovable property not falling under special laws, the court fee is calculated on the entire market value of the property. But the minimum fee is ₹20.

For example, if there is a dispute regarding ownership of a house worth ₹5 lakhs, the court fee will be calculated on ₹5 lakhs, with a minimum of ₹20 as the fee.

Court Charge for Suits Involving Easement Rights (Section 30)

An easement is a legal right to make use of someone else’s property for a specific purpose, i.e., right of way. If a case is brought in court to assert or deny such a right, the court charge is determined based on the amount mentioned in the case, but not less than ₹200.

For instance, if one asserts a right to traverse over a neighbor’s land, then he will have to pay a court fee calculated on the value of the right, but at least ₹200. If a claim for compensation is also sought in the suit, then an additional fee is payable depending upon the sum claimed.

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Court Fees for Pre-emption Suits (Section 31)

Pre-emption is a legal right under which an individual is entitled to purchase property ahead of another individual when it is sold. If an individual brings a suit to enforce his pre-emption right, the court fee would be determined according to the price of sale of the property or the market value of the property, whichever is less.

For instance, if a house is purchased for ₹10 lakhs but its market value is ₹12 lakhs, the court fee will be calculated on ₹10 lakhs since it is the lesser amount.

These provisions make court charges reasonable and proportionate to the value of the property or the relief claimed. These rules assist people to ascertain the legal fees prior to bringing suit in relation to possession, easement, and pre-emption in Rajasthan.