SYNOPSIS:

1.Fees on documents filed, etc., in Mufassal Courts or in public offices.

2. Computation of fees payable in certain suits.

3.Case Laws

PLD 1967 LAH 154

Section 7 provides the mode of valuing certain suits for payment of of Court Fee. Section 7 discusses following suits.

 SUIT TYPE                                                      COMPUTATION OF COURT FEE PAYABLE

1. Money Suit                                                        According to the amount claimed

2. Suit for maintenance                                         According to the value of subject matter of suit

3. Suit for movable Property                                 According to the market value of property

4. Suit for movable property Where no market value  According to the value made by the plaintiff  in accordance with relief sought to be valued

5. Suit to enforce right in the joint family               In accordance with relief sought to be valued

6. Suit for possession                                              According to the value of the subject matter of the suit

 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 

     [Provided that nothing in this clause shall apply to suits mentioned in clause iv-A],

     [(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],

     [(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;

  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,

               [(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 [immovable property] from which a tenant has been illegally ejected by the landlord, and

                      (f)  for abatement of rent–