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State of Tamilnadu - Section

Section 37 in Tamil Nadu Court-Fees and Suits Valuation Act, 1955

37. Partition suits.

(1)In a suit for partition and separate possession of a share of joint family property or of property owned, jointly or in common, by a plaintiff who has been excluded from possession of such property, fee shall be computed on the market value of the plaintiff's share.
(2)[ In a suit for partition and separate possession of joint family property or property owned, jointly or in common, by a plaintiff who is in joint possession of such property, fee shall be paid at the following rales:When the plaint is presented to-
(i) a District Munsif s Court. Rupees two hundred.
(ii) the City Civil Court, Chennai or a Sub-Court ora District Court. Rupees one hundred, if the value of plaintiffsshare is rupees thirty thousand or less; rupees five hundred, ifit is above rupees thirty thousand but below rupees one lakh; andrupees seven hundred and fifty, if the value is rupees one lakhand above.
(iii) The High Court Rupees one thousand].
[Substituted by the Tamil Nadu Court-fees and Suits Valuation (Amendment) Act, 2003 (Tamil Nadu Act V of 2003) with effect from 15th June 2003.]
(3)Where, in a suit falling under sub-section (1) or sub-section (2), a defendant claims partition and separate possession of his share of the property, fee shall be payable on his written statement computed on half the market value of his share or at half the rates specified in sub-section (2), according as such defendant has been excluded from possession or is in joint possession.
(4)Where, in a suit falling under sub-section (1) or sub-section (2), the plaintiff or the defendant seeks cancellation of decree or other document of the nature specified in section 40, separate fee shall be payable on the relief of cancellation in the manner specified in that section.