The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:
for money.--(i) In suits for money (including suits for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically)according to the amount claimed.
for maintenance and annuities.--(ii) In suits for maintenance and annuities or other sums payable periodicallyaccording to the value of the subject-matter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year:
for other movable property having a market-value. (iii) In suits for movable property other than money, where the subject-matter has a market-valueaccording to such value at the date of presenting the plaint;
(iv) In suits---
for movable property of no market-value.--(a) for movable property where the subjectmatter has no market-value, as, for instance, in the case of documents relating to title,
to enforce a right to share in joint family property.--(b) to enforce the right to share in any property on the ground that it is joint family property,
for a declaratory decree and consequential relief.--(c) to obtain a declaratory decree or order, where consequential relief is prayed,
for an injunction.(d) to obtain an injunction,
for easements.--(e) for a right to some benefit (not herein otherwise provided for) to arise out of land, and
for accounts.--(f) for accounts--
according to the amount at which the relief sought is valued in the plaint or memorandum of appeal :
In all such suits the plaintiff shall state the amount at which he values the relief sought 1***:
for possession of land, houses and gardens.--(v) In suits for the possession of land, houses and gardensaccording to the value of the subject-matter; and such value shall be deemed to be
where the subject-matter is land, and--
(a) where the land forms an entire estate, or a definite share of an estate, paying annual revenue to Government,
or forms part of such an estate and is recorded in the Collector's register as separately assessed with such revenue,
and such revenue is permanently settled--
ten times the revenue so payable:
(b) where the land forms an entire estate, or a definite share of an estate, paying annual revenue to Government, or forms part of such estate and is recorded as aforesaid;
and such revenue is settled, but not permanently---
five times the revenue so payable:
(c) where the land pays no such revenue, or has been partially exempted from such payment, or is charged with any fixed payment in lieu of such revenue,
and nett profits have arisen from the land during the year next before the date of presenting the plaint
fifteen times such nett profits:
but where no such nett profits have arisen therefromthe amount at which the Court shall estimate the land with reference to the value of similar land in the neighbourhood :
(d) where the land forms part of an estate paying revenue to Government, but is not a definite share of such estate and is not separately assessed as above-mentionedthe market-value of the land:
Proviso as to Bombay Presidency.--Provided that, in the 2territories subject to the Governor of Bombay in Council, the value of the land shall be deemed to be
(1) where the land is held on settlement for a period not exceeding thirty years and pays the full assessment to Governmenta sum equal to five times the survey-assessment;
(2) where the land is held on a permanent settlement, or on a settlement for any period exceeding thirty years, and pays the full assessment to Governmenta sum equal to ten times the survey-assessment; and
(3) where the whole or any part of the annual survey-assessment is remitteda sum computed under paragraph (1) or paragraph (2) of this proviso, as the case may be, in addition to ten times the assessment, or the portion of assessment, so remitted;
Explanation.--The word estate, as used in this paragraph, means any land subject to the payment of revenue, for which the proprietor or a farmer or raiyat shall have executed a separate engagement to Government, or which, in the absence of such engagement, shall have been separately assessed with revenue:
for houses and gardens.-- (e) Where the subject-matter is a house or garden according to the market-value of the house or garden:
to enforce a right of pre-emption.--(vi) In suits to enforce a right of pre-emption-according to the value (computed in accordance with paragraph (v) of this section) of the land, house or garden in respect of which the right is claimed:
for interest of assignee of land revenue.(vii) In suits for the interest of an assignee of land revenuefifteen times his nett profits as such for the year next before the date of presenting the plaint;
to set aside an attachment.--(viii) In suits to set aside an attachment of land or of an interest in land or revenueaccording to the amount for which the land or interest was attached:
Provided that, where such amount exceeds the value of the land or interest, the amount of fee shall be computed as if the suit were for the possession of such land or interest.
to redeem.--(ix) In suits against a mortgagee for the recovery of the property mortgaged,
to foreclose.and in suits by a mortgagee to foreclose the mortgage, or, where the mortgage is made by conditional sale, to have the sale declared absolute
according to the principal money expressed to be secured by the instrument of mortgage :
for specific performance.--(x) In suits for specific performance
(a) of a contract of saleaccording to the amount of the consideration :
(b) of a contract of mortgageaccording to the amount agreed to be secured :
(c) of a contract of leaseaccording to the aggregate amount of the fine or premium (if any) and
of the rent agreed to be paid during the first year of the term :
(d) of an awardaccording to the amount or value of the property in dispute :
between landlord and tenant.(xi) In the following suits between landlord and tenant:--
(a) for the delivery by a tenant of the counterpart of a lease,
(b) to enhance the rent of a tenant having a right of occupancy,
(c) for the delivery by a landlord of a lease,
3[(cc) for the recovery of immovable property from a tenant, including a tenant holding over after the determination of a tenancy,]
(d) to contest a notice of ejectment,
(e) to recover the occupancy of 4[immovable property] from which a tenant has been illegally ejected by the landlord, and
(f) for abatement of rent
according to the amount of the rent of the 4[immovable property] to which the suit refers, payable for the year next before the date of presenting the plaint.
STATE AMENDMENT
Orissa
Amendment of section 7 of Act (7 of 1870).--In section 7 of the principal Act, for the words "in the suits next hereinafter mentioned" the words "in the suits next hereinafter mentioned except suits for relief under section 14 of the Religious Endowments Act, 1863, or under section 91 or section 92 of the Code of Civil Procedure, 1908", shall be substituted.
[Vide Orissa Act 5 of 1939, s. 5]
Amendment of section 7ii of Act (7 of 1870).--In section 7ii of the principal Act, after the words "shall be deemed to be the words " "in suits for maintenance five times and in other suits " shall be inserted.
[Vide Orissa Act 5 of 1939, s. 6]
Amendment of section 7iv of Act (7 of 1870).--Clause (b) of section 7iv of the principal Act shall be omitted.
[Vide Orissa Act 5 of 1939, s. 7]
Insertion new paragraph in section 7 of Act (7 of 1870).--In section 7 of the principal Act after paragraph iv the following paragraph shall be inserted:--
"iv-A. in a suit for cancellation of a decree for money or other property having a money --value , or other document securing money or other property having such value,
According to the value of the subject-matter of the suit, and such value shall be deemed to be--
if the whole decree or other document is sought to be cancelled, the amount or the value of the property for which the decree was passed or the other document executed,
if a part of the decree or other document is sought to be cancelled, such part of the amount or value of the property.
Explanation.--In any case where a suit for the cancellation of a whole decree for money or other property having a money value, or other document securing money or other property having such value has to be instituted, but the substantial relief claimed is only in respect of a part of the amount or the decree was passed or the other document as executed, the value of the subject matter of the suit shall be deemed to be such part of the amount or value of the property in respect of which the relief is sought."
[Vide Orissa Act 5 of 1939, s. 8]
Amendment paragraph v of section 7 of Act (7 of 1870).--In paragraph v of section 7 of the principal Act,
(1) in clause (a), for the word "ten" the word "ten" shall be substituted;
(2) in clause (b), for the word "five" the word "ten" shall be substituted;
(3) the following proviso shall be inserted after the existing proviso:--
"Provided further that in suits for possession of land if rules are framed under section 3 of the Suits Valuation Act, 1887 (7 of 1887), for determining the value for the purposes of jurisdiction, the value so determined shall be deemed to be the value of the hand for the purposes of this paragraph ; and
(4) the existing Explanation shall be re-numbered as Explanation I, and, after the Explanation so re-numbered, the following Explanation shall be added, namely:
"Explanation II.--In this paragraph, 'building' includes a house, out-house, stable, privy, urinal, shed, hut, wall, and any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever."
[Vide Orissa Act 5 of 1939, s. 9]
Insertion of new paragraph vi-A in section 7 of Act (7 of 1870).--In section 7 of the principal Act after paragraph vi the following paragraph shall be inserted:--
"vi-A. In suits for partition and separate possession of a share of joint family property or of joint property, or to enforce a right to a share in any property on the ground that it is joint family property or joint property--
if the plaintiff alleges that he has been excluded from possession of the property of which he claims to be a coparcener or co-owner-according to the market-value of the share in respect of which the suit is instituted.
Explanation.--The word "possession" for the purposes of this paragraph includes constructive possession."
[Vide Orissa Act 5 of 1939, s. 10]
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Footnote -
1. The words and the provisions of the Code of Civil Procedure, section thirty-one, shall apply as if, for the word claim, the words relief sought, were substituted omitted by Act 12 of 1891, s. 3 and the First Schedule.
2. See para.8 of the A.O. 1937. In view of this provision the expression Governor of Bombay in Council has been left unmodified.
3. Ins. by Act 6 of 1905, s. 2.
4. Subs. by s. 2, ibid., for land