- The amount of fee payable under this Act in the suits As to [next hereinafter mentioned shall be computed as follows] [ the valuation of suits for the purposes of determining the Jurisdiction of Courts, see the Suits Valuation Act, 1887, (VII of 1887),]:-for money(i)In suit 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)[(a) for maintenance and annuities. - In suits for maintenance 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;] [Existing clause renumbered as sub-clause(a) of clause (ii) for Punjab by East Punjab Act XXVI 1949, section 3(1).](b)[ In suits for reduction or enhancement of 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 sought to the reduced or enhanced for one year] [Added for Punjab Act XXVI 1949, section 3(1).];(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;(iv)in suits -(a)for moveable property of no market value - for moveable 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 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.[Provided that minimum court-fee in each shall be [thirteen rupees] [Added by East Punjab Act 26 of 1949, section 3.].[Provided further that in suits coming under sub-clause (c), in cases where the relief sought is with reference to any property such valuation shall not be less than the value of the property calculated in the manner provided for by clause (v) for this section.] [Proviso added by Punjab Act 31 of 1953.](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 value shall be deemed to be - where the subject-matter is land, and-(a)where the land forms an entire estate of 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 [ten] [Substituted for the word 'five' by the Punjab Courts Act, 1918 (VI of 1918) section 49.] 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 net profits have arisen from the land during the year next before the date of presenting the plaint -fifteen times such net profits:but where no such net 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 above mentioned the market-value of the land:For Bombay,Provided that, in the territories subject to the [State Government] [Substituted by Government of India (Adaptation of Indian laws) Order 1937 and again :Substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] of Bombay the value of the land shall be deemed to be -(1)proviso as to Bombay Presidency. - where the land is held on settlement for a period not exceeding thirty years and pays the full assessment to the Government a sum equal to [ten] [Substituted for the words 'five' by Bombay Act 1 of 1922, section 2(e).] 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 [twenty] [Substituted by Bombay Act 1 of 1922, section 2(e).] times the survey assessment; and(3)where the whole or any part of the survey settlement is remitted - a sum computed under paragraph (1) or paragraph (2) of this proviso, as the case may be, in addition to [twenty] [Substituted by Bombay Act 1 of 1922, section 2(e).] 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 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.(e)for houses and gardens. - Where the subject matter is a house or garden according to the market value of the house of 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 of the interest of an assignee of land revenue - fifteen times his net profits as such for the year next before the date of presenting the plaint;(viii)to set aside an attachment.- In suit 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 suits were for the possession of such land or interest.(ix)to redeem.- In suits against a mortgagee for the recovery of the property mortgaged, [according, to half the principal money expressed to be secured by the instrument of mortgage] [Inserted for Punjab by East Punjab Act XXVI of 1949, section 3(3).],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 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 counter-part 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] [Inserted by the Court fees (Amendment) Act 6 of 1905 section 2(1).],(d)to contest a notice of ejectment,(e)to recover the occupancy of [(immoveable property) from which a tenant has been illegally ejected by the landlord, and] [Substituted for the word 'land' by the Court-fees (Amendment) Act 6 of 1905, section 22.](f)for abatement of rent -according to the amount of the rent of the [immoveable property] [Substituted for the word 'land' by the Court-fees (Amendment) Act 6 of 1905, section 22.] to which the suit refers payable for the year net before the date of presenting the plaint.
