(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-
