Court-fees Act,1870
Act No : 7
Section : Computation of fees payable in certain suits
7. Computation of fees payable in certain suits; The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:- (i) for money; 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: (ii) for maintenance and annuities; In suits for maintenance and annuities or other sums payable periodically-according 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: (iii) for other movable property having a market-value; In suits for movable property other than money, where the subject-matter has a market-value--according to such value at the date of presenting the plaint: 18 (iv) In suits- (a) for movable property of no market-value; for movable property where the subject-matter has no market-value, as, for instance, in the case of documents relating to title, (b) to enforce a right to share in joint family property; to enforce the right to share in any property on the ground that it is joint family property, (c) for a declaratory decree and consequential relief; to obtain a declaratory decree or order, where consequential relief is prayed, (d) for an injunction; to obtain an injunction, (e) for easements; for a right to some benefit (not herein otherwise provided for) to arise out of land, and (f) for accounts; 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***: (v) for possession of land, houses and gardens; In suits for the possession of land, houses and gardens- according 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 and 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; ------------------------ 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. 19 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 next 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 therefrom-the 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 abovementioned-the market-value of the land: Proviso as to Bombay Presidency; Provided that, in the 1* territories 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 Government-a 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 Government-a sum equal to ten times the survey-assessment; and (3) where the whole or any part of the annual survey-assessment is remitted-a 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 ------------------------------------- 1 See para. 8 of the A. O. 1937. In view of this provision the expression "Governor of Bombay in Council" has been left unmodified. 20 shall have executed a separate engagement to Government, or which, in the absence of such engagement, shall have been separately assessed with revenue: (e) for houses and gardens; Where the subject- matter is a house or garden-according to the market-value of the house or garden: (vi) to enforce a right of pre-emption; 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: (vii) for interest of assignee of land-revenue; In suits for the interest of an assignee of land revenue- fifteen times his nett profits as such for the year next before the date of presenting the plaint: (viii) to set aside an attachment; In suits to set aside an attachment of land or of an interest in land or revenue-according 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. (ix) to redeem; 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: (x) for specific performance; In suits for specific performance- (a) of a contract of sale-according to the amount of the consideration: (b) of a contract of mortgage-according to the amount agreed to be secured: (c) of a contract of lease-according 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 award-according to the amount or value of the property in dispute: (xi) between landlord and tenant. In the following suits between landlord and tenant:- (a) for the delivery by a tenant of the counterpart of a lease, 21 (b) to enhance the rent of a tenant having a right of occupancy, (c) for the delivery by a landlord of a lease, 1*[(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 2*[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 2*[immovable property] to which the suit refers, payable for the year next before the date of presenting the plaint.
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