7. Computation of fees payable in certain suits for money.
- The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows :For money. - (i) In suits for money (including suits for damages or compensation, or arrears of maintenance, or annuities, or of other sums payable periodically )-according to the amount claimed ;For maintenance and annuities. - (ii-a) 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 for personal maintenance by females and minors, such value shall be deemed to be the amount claimed to be payable for one year;For reduction or enhancement of maintenance and annuities. - (ii-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 be reduced or enhanced for one year:For other movable property having a market value. - (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;For declaratory decree with consequential relief. - (iv) In suits - (a) to obtain a declaratory decree or order, where consequential relief other than reliefs specified in sub-section (iv-A) is prayed ; andFor accounts. - (b) For accounts according to the amount at which the relief sought is valued in the plaint or memorandum of appeal :Provided that in suits falling under clause (a), where the relief sought is with reference to any immovable property, such amount shall be the value of the consequential relief and if such relief is incapable of valuation, then the value of the immovable property computed in accordance with sub-section (v), (v-A) or (v-B) of this section as the case may be :[Provided further that in all suits falling under clause (a), such amount shall in no case be less than Rs. 300 :] [Inserted by U.P. Act No. 44 of 1958.]Provided [also] [Substituted by U.P. Act No. 44 of 1958.], that in suits falling under clause (b), such amount shall be the approximate sum due to the plaintiff and the said sum shall form the basis for calculating (or determining) the valuation of an appeal from a preliminary decree passed in the suit.For cancellation or adjudging void instruments and decrees. - (iv-A) In suit for or involving cancellation of or adjudging void or voidable a decree for money or other properly having a market value, or an instrument securing money or other property having such value :(1)where the plaintiff or his predecessor-in-title was a party to the decree or the instrument, according to the value of the subject-matter, and(2)where he or his predecessor-in-title was not a party to the decree or instrument, according to one-fifth of the value of the subject-matter, and such value shall be deemed to be-if the whole decree or instrument is involved in the suit, the amount for which or value of the property in respect of which the decree was passed or the instrument executed, and if only a part of the decree or instrument is involved in the suit, the amount or value of the property to which such part relates.Explanation. - 'The value of the properly' for the purposes of this sub-section, shall be the market-value, which in the case of immovable property shall be deemed to be the value as computed in accordance with sub-section (v), (v-A) or (v-B), as the case may be.For easement. - (iv-B) In suits. - (a) for a right to some benefit (not herein otherwise provided for) to arise out of land ;For an injunction. - (b) to obtain an in junction ;To establish an adoption. - (c) to establish an adoption or to obtain a declaration that an alleged adoption is valid ;To set aside an adoption. - (d) to set aside an adoption or to obtain a declaration that an alleged adoption is invalid or never, in fact, took place ;To set aside an award other than awards mentioned in section 8. - (e) to set aside an award not being an award mentioned in section 8 ;according to the amount at which the relief sought is valued in the plaint[Provided that such amount shall not be less than one fifth of the market value of the property involved in or effected by the relief sought or Rs. 200 whichever is greater:Provided further that in the case of suits falling under clauses (a) and (b), the amount of court fee leviable shall in no case exceed Rs. 500.] [Substituted by U.P. Act No. 44 of 1958.]Explanation 1. - When the relief sought is with reference to any immovable property the market-value of such property shall be deemed lo be the value computed in accordance with sub-section (v), (v-A) or (v-B) of this section, as the case may be.Explanation 2. - In the case of suits-(i)falling under clauses (a) and (b), the property which is affected by the relief sought, and where properties of both the plaintiff and defendant are affected, the property of the plaintiff so affected ;(ii)falling under clauses (c) and (d), the property to which title by succession or otherwise may be diverted or affected by the alleged adoption ; and(iii)falling under clause (e), the property which forms the subject-matter of the award ;shall be deemed to be the property involved in or affected by the relief sought within the meaning of the proviso to this sub-section.For restitution of conjugal rights. - (iv-C) in suits-(a) for the restitution of conjugal rights ;For marital rights. - (b) for establishing or annulling or dissolving a marriage ;For guardianship. - (c) for establishing a right to the custody or guardianship of any person such as a minor, including guardianship for the purpose of marriage.according to the amount at which the relief sought is valued in the plaint, but in no case shall such amount be less than Rs. 200.[* * *] [Explanation deleted by U. P. Act No. 44 of 1958.]For possession of lands, building or gardens. - (v) In suits for the possession of land, buildings or gardens-according to the value of the subject-matter; and such value shall be deemed to be-(I)where the subject-matter is land, and-(a)where the land forms an entire estate or 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-thirty 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 by not permanently-ten times the revenue so payable;(c)where the lands pays no such revenue or has been partically 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 three years immediately preceding the date of presenting the plaint-twenty times the annual average of such net profits ; but when no such net profits have arisen therefrom the market value which shall be determined by multiplying by twenty the annual average net profits of similar land for the three years immediately preceding the date of presenting the plaint;(d)where the land forms part of an estate paying revenue to Government, but is not a definite share of such estate and docs not come under clause (a), (b) or (c) above-the market value of the land which shall be determined by multiplying by fifteen the rental value of the land, including assumed rent on proprietary cultivation, if any ;(II)where the subject-matter is a building or garden-according to the market-value of the building or garden, as the case may be.Explanation. - The word 'estate' as used in this sub-section, means any land subject to the payment of revenue for which the proprietor or farmer or raiyat shall have executed a separate engagement lo Government or which, in the absence of such engagement, shall have been separately assessed with revenue.For possession of superior proprietary and under-proprietary land. - (v-A) In suits for possession-(1)of superior proprietary rights where under-proprietary or sub-proprietary rights exist in the land-according to the market-value of the subject-matter, and such value shall be determined by multiplying by fifteen the annual net profits of the superior proprietor;(2)of under-proprietary or sub-proprietary land as such-according to the value of the subject-matter, and such value shall be determined by multiplying by ten the annual under-proprietary or sub-proprietary rent, as the case may be, recorded in the Collector's register as payable for the land for the year next before the presentation of the plaint.If no such rent is recorded in the Collector's register the value shall be determined in the manner laid down in clause (c) of sub-section (v) of this section save that the multiple will be ten.Explanation. - Land held by any permanent lessees shall be treated for the purposes of this sub-section, as under-proprietary or sub-proprietary land.Prossessory suits between tenants. - (v-B) In suits for possession of land between rival tenants and by tenants against trespasser according to the value of the subject-matter and such value shall be determined if such land is the land of-(a)a permanent tenure-holder or a fixed rate tenant. - by multiplying by twenty the annual rent recorded in the Collector's register as payable for the land for the year next before the presentation of the plaint;(b)an ex-proprietary or occupancy tenant. - by multiplying by two such rent in case of suits for possession of land between rival tenants,'and by annual rent in suits by tenants against trespassers ;(c)any other tenant. - by annual rent.If no such rent is recorded in the Collector's register, the value shall be determined in the manner laid down in clause (c) of sub-section (v) of this section save that the multiple shall be that entered in clauses (a), (b) and (c) of this sub-section according as the class of tenancy affected is governed by clause (a), (b) or (c) of this sub-section.To enforce a right of preemption. - (vi) In suits to enforce a right of preemption - according lo the value [computed in accordance with paragraph (v) of this section] of land, building or garden in respect of which the right is claimed.For partition. - (vi-A) In suits for partition- according to one quarter of the value of the plaintiffs share of the property;and according to the full value of such share if on the date of presenting the plaint the plaintiff is out of possession of the property of which he claims to be a coparcener or co-owner, and his claim to be a coparcener or co-owner on such date is denied.Explanation. - The value of the property for the purposes of this sub-section shall be the market-value which in the case of immovable property shall be deemed to be the value as computed in accordance with sub-section (v), (v-A) or (v-B), as the case may be.For interest of assignee of land revenue. - (vii) 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.To set aside or to restore an attachment. - (viii) In suits to set aside or to restore an attachment including suits to set aside an order passed under Order XXI, rule 60, 61 or 62 of the Code of Civil Procedure-according to half of the amount for which attachment was made, or according to half of the value of the property or interest attached, whichever is less.Explanation. - The value of the property or interest for the purposes of this sub-section shall be the market-value which in the case of immovable property or interest in such property shall be deemed to be the value as computed in accordance with sub-section (v), (v-A) or (v-B), as the case may be.To redeem. - (ix) In suits against a mortgagee, for the recovery of the property mortgaged-according to the principal money expressed to be secured by the instrument of mortgage.To foreclose. - (ix-A) In suits by mortgagee to foreclose the mortgage, or where the mortgage is made by conditional sale, to have the sale declared absolute-according to the total amount claimed by way of principal and interest.For specific performance. - (x) 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, and such value shall be the market-value which in the case of immovable property shall be deemed to be the value as computed in accordance with sub-section (v), (v-A) or (v-B), as the case may be.Between landlord and tenant. - (xi) 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;(f)for abatement of rent;(g)for determination of rent; and(h)for determination of rent-according to the amount of the rent of immovable property to which the suit refers, payable for the year next before the date of presenting the plaint, except in the case of suits falling under clause (h) in which, according to twice the amount claimed by the plaintiffs lo be the annual rent.
