Section 34 in Tamil Nadu Court-Fees and Suits Valuation Act, 1955
34. Suits relating to kanam [xxx] [The expression 'under the Malabar Tenancy Act, 1929' were omitted by the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1965 (Tamil Nadu Act 22 of 1965).].
(1)A suit by landlord for recovery of possession of property transferred by way of kanam or kanamkuzhikanam shall be deemed to involve the reliefs of redemption and ejectment, and fee shall be levied in respect of each of the reliefs, that is to say, on the kanartham in respect of the relief of redemption and on one year's michavaram or rent in respect of the relief of ejectment.(2)If in any such suit, arrears of michavaram or rent or damages or both are also sought to be recovered, fee shall be levied also on the amount of such arrears or damages or both:Provided that, where the plaintiff seeks to set off the kanartham and the value of the improvements due by him to the defendant against arrears of michavaram or rent due to him, fee shall be levied only on the balance claimed; and if the amount ascertained to be due to him exceeds the amount as estimated by the plaintiff, no decree shall be passed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the amount so ascertained is paid. If the additional fee is not paid within such time as the Court may fix, the decree shall be limited to the amount to which the fee paid extends.(3)[ Notwithstanding anything contained, in sub-sections (1) and (2), in respect of the transferred territory, in a suit for ejectment of a kanam holder or a tenant who has a right to permanent occupancy, or is enjoying under a perpetual lease or under a lease for a term exceeding 25 years, fee shall be computed according to the market value of the subject matter.] [Sub-section (3) was added by the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1965 (Tamil Nadu Act 22 of 1965).]
