Understanding Suits for Attachment and Specific Performance in Rajasthan (Section 39 & 40 of the Rajasthan Court Fees and Suits Valuation Act, 1961)

The Rajasthan Court Fees and Suits Valuation Act, 1961, prescribes rules for court fees in suit cases involving removal of attachment of property and enforcement of specific performance of contracts. These sections specify the amount that an individual should pay to institute such legal cases.

Court Fees for Suits to Remove Property Attachment (Section 39)

When someone’s property is attached by a Civil or Revenue Court, they can institute a suit for removal of attachment. The court fee for this suit is based on the smaller of two values: the whole amount for which the property is attached or one-fourth of its market value.

For instance, if a house is mortgaged for the amount of ₹8 lakh, but its market value is ₹20 lakh, then the court fee will be calculated on the basis of ₹5 lakh (one-fourth of ₹20 lakh) since it is less than ₹8 lakh.

In the event that the case is the setting aside of another form of summary order in a Civil or Revenue Court, the fee is one-fourth of the market value of the subject. Where the subject lacks a determinable market value, the fee is paid in accordance with the rates under Section 45.

This part also takes into account the Registrar of Co-operative Societies as a Civil Court. Therefore, any suit to cancel an attachment directed by the Registrar is subject to the same fee regulations.

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Court Fees for Suits on Specific Performance of Contracts (Section 40)

Specific performance suits are instituted when an individual seeks to enforce a contract legally. The court fee varies with the nature of the contract.

In the case of an agreement of sale, the rate is charged on the figure quoted in the agreement of sale. If a person entered into an agreement to purchase a property for ₹15 lakh and the owner does not complete the sale, the court fee will be computed on ₹15 lakh.

For a mortgage contract, the charge is calculated on the sum for which the mortgagee was to secure. If someone had promised to mortgage a house for ₹10 lakh but did not do so, the charge is computed on ₹10 lakh.

In a contract of lease, the charge is calculated on the sum of any premium and the agreed annual rent. For example, if a tenant would pay ₹50,000 yearly and a premium of ₹1 lakh for a lease, then the charge will be calculated on this sum amount.

For an exchange contract, the charge is the higher of consideration value or the market value of the exchanged properties. Suppose two individuals want to exchange land on the condition that one piece was worth ₹12 lakh and another was worth ₹10 lakh, then the charge will be for ₹12 lakh.

For other contracts, where the market value of the promise can be ascertained, the fee is according to that value. Where the value cannot be ascertained, the fee is payable under Section 45.

Conclusion

Rajasthan Court Fees and Suits Valuation Act, 1961, Section 39 and Section 40 make sure that the court fee calculation is just and reasonable for suits involving attachment of property and specific performance. The provisions allow individuals to comprehend the cost involved when they file such legal cases.