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)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:[Provided that no fee shall be payable in suits for damages for defamation;] [Proviso Inserted by W.B. Act 42 of 1974.](ii)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:Provided that in suits by widows for maintenance such value shall be deemed to be the amount claimed to be payable for one year;(iii)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 where the subject-matter has no market value, as for instance, in the case of documents relating to title,(b)to obtain a declaratory decree or order, where consequential relief is prayed,(c)to obtain an injunction,(d)for a right to some benefit (not herein otherwise provided for) to arise out of land, and(e)for accounts - according to the amount at which the relief sought is valued in the plaint or memorandum of appeal subject to the provisions of section 11.In all such suits the plaintiff shall state the amount at which he values the relief sought.(v)In suits for the possession of land, buildings or gardens, not being suits referred to in clause (vi)-(a)according to the value of the subject-matter, and such value shall be deemed to be fifteen times the net profits which have arisen from the land, building or garden during the year next before the date of presenting the plaint, or if the Court sees reason to think that such profits have been wrongly estimated, fifteen times such amount as the Court may assess as such profits or according to the market-value of the land, building or garden, whichever is lower;(b)if, in the opinion of the Court, such profits are not readily ascertainable or assessable, or where there are no such profits, according to the market-value of the land, building or garden;Explanation. - In this paragraph 'building" includes a house, outhouse, stable, privy, urinal, shed, hut, wall and any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever;(vi)In a suit for recovery of possession of immovable property from-(a)a trespasser, where no declaration of title to property is either prayed for or necessary for disposal of the suit- according to the amount at which the relief sought is valued in the plaint subject to the provisions of section 11;(b)a licensee upon revocation or termination of his license,-(i)where a license fee is payable by the licensee in respect of the immovable property to which the suit refers-according to the amount of the license fee of the immovable property payable for the year next before the date of presenting the plaint, or(ii)where no such license fee is payable by the licensee- according to the amount at which the relief sought is valued on the plaint subject to the provisions of section 11;(vii)In suits to enforce a right of preemption - according to the market-value of the land, building or garden in respect of which the right is claimed;Explanation. - In this paragraph 'building" has the same meaning as in paragraph (v);(viii)In suits for partition and separate possession of a share of joint family property or of a 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 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;(ix)In suits for 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;(x)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;(xi)In suits against a mortgagee for the recovery of the property mortgaged,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;(xii)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;(xiii)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,(d)for the recovery of immovable property from a tenant including atenant holding over after the determination of a tenancy,(e)to contest a notice of ejectment,(f)to recover the occupancy of immovable property from which a tenant has been illegally ejected by the landlord, and(g)for abatement of rent-according to the amount of the rent of the immovable property to which the suit refers, payable for the year next before the date of presenting the plaint.
