Section - 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 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;
(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 [14][:][15][Provided that nothing in this clause shall apply to suits mentioned in clause iv-A],
[16][(iv-A) For a declaratory decree regarding immovable property on the basis of alleged
sale, etc.– In suits for a declaratory decree with or without consequential relief as to
right in or title to immovable property based on alleged sale, gift, exchange or
mortgage– according to the value of the property],[17][(v) For possession of lands, 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–
(a) where the subject-matter is land and where net profits have arisen from such
land during the year next before the date of presenting the plaint–
fifteen times such net profits;
(b) where the subject-matter is land and where no such profits have arisen
therefrom–
market value of such land;
(c) Where the subject-matter is a house or garden- according to the market value of
the house or garden].[18][(vi) To enforce a right of pre-emption–
In suits to enforce a right of pre-emption–
(a) Where the subject-matter is land, according to the value of the land in respect of
which the right is claimed calculated by multiplying the produce index units of
such land with the money value of a produce index as notified by the
Government; and
(b) Where the subject-matter is a house or a garden, according to the value
computed in accordance with clause (v) of this section.
Explanation.– ―Produce index unit‖ means the measure notified by the
Government in terms of which the productivity of an acre of land of a particular
kind in a particular assessment circle or area is computed;].
(vii) For interest of assignee of land revenue.– In suits for the interest of an assignee
of land revenue– fifteen times his net profit 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 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,
(b) to enhance the rent of a tenant having a right of occupancy,
(c) for the delivery by a landlord of a lease,[19][(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 [20][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 [21][immovable property] to which the suit
refers payable for the year next before the date of presenting the plaint.[22][(xii) In suits not expressly provided for in this section, according to the value claimed,
but such value shall not be less than a value which would attract a Court-fee of less
than fifteen rupees].
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