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⚖️ Delhi Court Fee Calculator

Calculate court fees for Delhi civil courts and Delhi High Court under the Court-Fees Act, 1870. The 2012 Delhi Amendment was struck down — original 1870 rates apply.

State Delhi ✓ Verified Mar 2026 ⇄ Change state

Calculate Court Fee — Delhi

All Property & Recovery Declaratory & Injunction Family & Estate High Court Other Suits
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⚠️ Always verify before filing. Court fees change via Government Orders (G.O.s). Rates above are last verified Mar 2026. Cross-check with the court registry or the official state gazette before paying.   Report incorrect rate →

Eviction Suit Court Fee in Delhi

Eviction suits and suits for recovery of possession from a tenant in Delhi courts are governed by Section 40 of the Court-Fees Act, 1870 (Central Act No. 7 of 1870). Unlike property suits, the court fee is not on the market value of the property but on the annual rent payable for the year preceding the date of filing the plaint.

How is the court fee calculated?

  1. Determine the monthly rent as per the tenancy agreement or actual payment.
  2. Multiply by 12 to arrive at the annual rent figure.
  3. If any premium (advance deposit, pagdi, salami) was paid at the start of the tenancy, add it to the annual rent.
  4. Enter this total figure into the calculator. Schedule I Article 1(c) slab rates with ceiling-rounding apply to this annual rent figure.

Key points advocates must know

  • If the tenant disputes the rent amount, use the rent stated in the tenancy agreement. A court may later assess the correct rent and call for deficit fee.
  • Where rent has been enhanced under notice but is disputed, use the enhanced rent amount — courts generally expect the higher figure to be used.
  • Suits combining eviction with recovery of rent arrears: pay court fee on annual rent (for the eviction part) AND ad valorem fee on the arrears amount separately.
  • Tenant holding over after lease expiry: Section 40(2) uses the rent for the year "next before the date of presenting the plaint" — i.e., the 12 months before filing.

Frequently asked questions

What if there is no written tenancy agreement and rent is disputed? ▼

Use the amount you plead as the monthly rent in your plaint. If the court finds this insufficient, it will call for additional fee. It is advisable to plead on the higher side to avoid deficit fee issues later.

Does the court fee change if the property is commercial vs residential? ▼

No — Section 40 applies uniformly. The fee is based on annual rent regardless of whether the tenancy is commercial or residential.

⚖️ Source: Court-Fees Act, 1870 (Central Act No. 7 of 1870) · Verified March 2026 · Report incorrect rate

Frequently Asked Questions

How is court fee calculated in India? ▼

Court fees in India are calculated based on the nature and value of the suit. Money and property recovery suits attract ad valorem (percentage-based) fees on the suit value. Declaratory suits, matrimonial suits, and some other categories attract fixed fees. Each state has its own Court Fees Act with its own schedule — there is no single uniform national schedule.

What happens if I pay less court fee than required? ▼

The court will return the plaint for payment of deficit fees. You must pay the deficit and re-present the plaint. The date of re-presentation (not the original date) is treated as the date of institution — this can critically affect limitation if you are close to the deadline. Always calculate accurately and, when in doubt, pay slightly more (the court will not object).

Are court fees the same across all courts in a state? ▼

Generally yes — the state's Court Fees Act applies uniformly across all civil courts within the state. However, High Court original jurisdiction suits may have a separate fee schedule. Tribunals (NCLT, DRT, DRAT) and consumer forums have their own separate fee structures under their respective statutes.

Can court fees be waived for indigent litigants? ▼

Yes. Order XXXIII of the Code of Civil Procedure allows indigent persons to file suits without court fees. The court examines the plaintiff's financial position. If declared indigent, the fee is recoverable from the defendant if the suit succeeds. Some states also have exemptions for women litigants, SC/ST parties, government bodies, and legal aid cases.

Are court fees refundable? ▼

Generally no — court fees are non-refundable once paid. Some state Acts provide a partial refund if a suit is settled by compromise before the first hearing. Check the specific provision in your state's Court Fees Act. Consumer forum fees may also be partially refundable in certain circumstances — verify with the specific forum.
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