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[Cites 0, Cited by 3] [Entire Act]

State of Madhya Pradesh - Section

Section 7 in The Courts Fees Act, 1870

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)for money. - in suits for money (including suits for damages or compensation, or arrears of maintenance, of annuities, or of the 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)[Omitted] [Omitted by M.P. Act No. 9 of 1953.]
(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
(e)for accounts. - for accounts-
according to the amount at which the relief sought is valued in the plaint or memorandum of appeal with a minimum fee of [forty rupees] [Substituted by Section 3 (i) of M.P. Act No. 12 of 1997 (w.e.f. 14-1997).].In all such suits the plaintiff shall state the amount at which he values the relief sought.
(v)[ for possession of lands, houses and gardens. [Substituted by M.P. Act No. 4 of 1976.] - in suits for possession of lands, houses and gardens, according to the value of the subject matter; and such value shall be deemed to be where subject matter is land, and
(a)such land is assessed to land revenue or land revenue is payable in respect of such land twenty times and land revenue so assessed or so payable;
(b)such land forms a part of land which is assessed to land revenue or in respect of which land revenue is payable twenty times of the land revenue proportionately worked out for such part of land;
(c)such land is not assessed to land revenue-twenty times of the land revenue worked out at the rate of [Five rupees Per acre].]
(vi)to enforce a right of pre-emption. - [in suits to enforce a right of pre-emption, according to the value of the subject-matter as specified in the document furnishing the cause of action for such right, and where there is no such document or where the plaintiff claims to pre-empt for a fair consideration, on the value of the subject-matter as stated in the plaint : [Substituted by M.P. Act No. 9 of 1953.]
Provided that where the value of the subject matter determined by the Court exceeds the value stated in the plaint, the decree shall not be executed until the difference, between the fee actually paid and the fee which would have been payable on the value of the subject-matter as determined by the Court, shall have been paid.][(vi-a) in suits for partition. [Inserted by M.P. Act No. 9 of 1953.] -
(a)according to one half of the value of the plaintiffs share of the property; and
(b)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 co-parcener or co-owner, and his claim to be a co-parcener or co-owner on such date is denied.]
[* * *] [Omitted by M.P. Act No. 4 of 1976.]
(vii)for interest of assignee of land revenue. - 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;
(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 he computed as if the suit were for the possession of such land or interest;
(ix)to redeem. -
(a)[ in suits against a mortgagee for the recovery of the property mortgaged,- [Substituted by C.P. Act No. 16 of 1935.]
according to the principal money expressed to be secured by the instrument of mortgage and
(b)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 amount claimed as due at the date of presenting the plaint;]
(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 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 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,
(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-
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.