Explain the valuation of suits according to the Court Fees Act 1870?

How is the valuation for court fee and jurisdiction determined in the following cases?

Suit for declaration, Suit for partition, Suit for possession, Suit for possession, through pre-emption


(1) Introduction

Court Fees Act is a fiscal statute. Its main object is to secure revenue for benefit of state. However, court fee is considered a matter between state and suitor. Therefore, object of this Act is not to arm some litigant with weapon of technicality to harass his/her opponent. Its Section No. 7 has provided method for computation of court fee in different cases just to secure revenue for benefit of state.

Fees Act that amount of fee, which is payable under this Act in different cases, should be computed through following method:.

(i) In suit for money

(ii) In suit for maintenance & annuities

(iii) In suit for moveable property having market value

(iv) In suit for moveable property of no market value

(v) In suit to enforce right of share in joint family property

(vi) In suit for a declaratory decree & consequential relief

(vii) In suit for injunction (viii) In suit for easements

(ix) In suit for accounts

(x) In suit for declaratory decree regarding immovable property on basis of alleged sale, etc

(xi) In suit for possession of lands, houses & gardens

(xii) In suit to enforce right of pre-emption

(xiii) In suit for interest of assignee of land revenue

(xiv) In suit to set aside attachment (xv) In suit to redeem

(xvi) In suit to foreclose

(xvii) In suit for specific performance

(xviii) In suit between landlord & tenant

 

(i) in Suit For Money

In suit for money, fee is to be computed according to that amount, which is claimed. Here suits for money include suit for damages, compensation or suit for arrears of maintenance of annuities and suit for of other sums payable periodically.

(ii) In Suit For Maintenance & Annuities

In suit for maintenance and annuities or other sums payable periodically, fee is to be computed according to value of subject-matter of suit, and such value shall be deemed to bè ten times that amount, which is claimed to be payable for one year.

 (iii) In Suit For Moveable Property Having Market Value

In suit for moveable property other than money where subject-matter has a market value, fee is to be computed according to such market value at date of 172 presentation of plaint.

(iv) In Suit For Moveable Property Of no Market Value

In suit for moveable property where subject-matter has no market-value, fee is to be computed according to that amount at which relief, which is sought, is valued in plaint or memorandum of appeal.

(v) In Suit To Enforce Right Of Share In Joint Family Property

In suit to enforce right to share in any property on this ground that it is joint family property, fee is to be computed according to that amount at which relief, which is sought, is valued in plaint or memorandum of appeal.

(vi) In Suit For Declaratory Decree & Consequential Relief

In suit to obtain declaratory decree or order where consequential relief is prayed, fee is to be computed according to that amount at which relief, which is sought, is valued in plaint or memorandum of appeal.

(vii) In Suit For Injunction

In suit to obtain injunction, fee is to be computed according to that amount at which relief, which is sought, is valued in plaint or memorandum of appeal.

 (viii) In Suit For Easements

In suit for a right to some benefit (which is not herein otherwise provided for) to arise out of land, fee is to be computed according to that amount at which relief, which is sought, is valued in plaint or memorandum of appeal.

 (ix) In Suit For Accounts

In suit for accounts, fee is to be computed according to that amount at which relief, which is sought, is valued in plaint or memorandum of appeal.

(x) In Suit For declaratory Decree Regarding Immovable Property On Basis Of Alleged Sale, Etc

In suit for declaratory decree with or without consequential relief about right in immoveable property or about title to immoveable property, which is based on alleged sale, gift, exchange or mortgage, fee is to be computed according to value of this immoveable property.

(xi) In Suit For Possession Of Lands, Houses & Gardens

In suit for possession of land, houses and gardens, fee is to be computed according to value of subject-matter.

Following points are important for explanation of value of subject-matter.

(a) When subject-matter is land & net profits have arisen from such land

(b) When subject-matter is land, but no net profits have arisen from such land

(c) When subject-matter is house or garden

(a) When Subject-Matter Is Land & Net  Profits Have Arisen From Such Land

 

(a) When subject-matter is land and net profits have arisen from such land

During that year, which is next before date of presentation of plaint, this value of subject-matter is fifteen times such net profits

(b) When Subject-Matter Is Land, But No Net Profits Have Arisen From Such Land

When subject-matter is land and no such profits have arisen from land, this value of subject-matter is market value of such land.

(c) When Subject-Matter Is House Or Garden

When subject-matter is house or garden, this value of subject-matter is according to market value of house or garden.

(xii) In Suit To Enforce Right Of Pre-emption

In suit to enforce right of pre-emption, fee is to he computed in following manner:

(a) When subject-matter is land

(b) When subject-matter is house or garden

 

(a) When Subject-Matter Is Land

When subject-matter is land, fee is to be computed according to value of land in respect of which right is claimed and which is calculated by multiplying produce index units of such land with money value of a produce index as notified by government.

(b) When Subject-Matter Is House Or Garden

When subject-matter is house or a garden, fee is to be computed according to that value, which is computed in accordance with clause (v) of Section No. 7 of Court Fees Act.

(xiii) In Suit for Interest of Assignee of Land Revenue

In suit for interest of assignee of land revenue, fee is fifteen times his/her net profit as such for that year, which is next before date of presentation of plaint.

(xiv) In Suit To Set Aside Attachment

In suit to set aside attachment of land or to set aside attachment of an interest in land or revenue, fee is to be computed according to that amount for which this land or interest was attached. However, amount of fee is to be computed as if suit were for possession of such land or interest where such amount exceeds value of land or interest.

xv) In suit to redeem

In suit against mortgagee for recovery of mortgaged property, fee is to be computed according principal money, which has been expressed to be secured by instrument of mortgage.

(xvi) In Suit To Foreclose

In suit by mortgagee to foreclose mortgage or where mortgage is made by conditional sale, to have sale declared absolute, fee is to be computed according to principal money, which has been expressed to be secured by instrument of mortgage.

(xvii) In Suit For Specific Performance

Here following points are important:

(a) Suit for specific performance of contract of sale

(b) Suit for specific performance of contract of mortgage

(c) Suit for specific performance of contract of lease

(d) Suit for specific performance of contract of award

 

(a) Suit For Specific Performance Of Contract Of Sale

In suit for specific performance of contract of sale, fee is to be computed according to amount of consideration.

(b) Suit For Specific Performance Of Contract Of Mortgage

In suit for specific performance of contract of mortgage, fee is to be computed according to that amount, which has been agreed to be secured.

(c) Suit For Specific Performance Of contract Of Lease

In suit for specific performance of contract of lease, fee is to be computed according according to aggregate amount of fine or premium and of rent, which has been agreed to be paid during first year of term.

 (d) Suit For Specific Performance Of Contract Of Award

In suit for specific performance of contract of award, fee is to be computed according to amount of value of property in dispute.

(xviii) In Suit Between Landlord & Tenant

Here following points are important:

(a) Suit for delivery by tenant of counterpart of lease.

(b) Suit to enhance rent of tenant having right of occupancy

(c) Suit for delivery by landlord of lease

(d) Suit for recovery of immovable property from tenant, including tenant holding over after determination of tenancy

(e) Suit to contest notice of ejectment Suit to recover occupancy of immoveable property from which tenant has been illegally ejected by landlord

(f) Suit for abatement of rent

 

(a) Suit for Delivery By Tenant Counterpart Of Lease

In suit for the delivery by tenant of counterpart of lease, fees is to be computed according to amount of rent of immovable property to which suit refers and which is payable for that year, which is next before date of presentation of plaint.

(b) Suit To Enhance Rent Of Tenant Having Right Of Occupancy

In suit to enhance rent of tenant having right of occupancy, fees is to be computed according to amount of rent of immovable property to which suit refers and which is payable for that year, which is next before date of presentation of plaint.

(c) Suit For Delivery By Landlord Of Lease

In suit for delivery by landlord of lease, fees is to be computed according to amount of rent of immovable property to which suit refers and which is payable for that year, which is next before date of presentation of plaint.

(d) Suit For Recovery Of Immovable Property From Tenant, Including Tenant Holding Over After Determination Of Tenancy

In suit for recovery of immovable property from tenant, including tenant holding over after. determination of tenancy, fees is to be computed according to amount of rent of immovable property to  which suit refers and which is payable for that year, which is next before date of presentation of plaint.

(e) Suit To Contest Notice Of Ejectment In suit to contest notice of ejectment, fees is to be computed according to amount of rent of immovable Property to which suit refers and which is payable for that year, which is next before date of presentation of plaint.

(f) Suit To Recover Occupancy Of Immovable Property From Which Tenant Has Been Illegally Ejected By Landlord

In suit to recover occupancy of immovable property from which tenant has been illegally ejected by landlord, fees is to be computed according to amount of rent of immovable property to which suit refers and which is payable for that year, which is next before date of presentation of plaint.

(g) Suit For Abatement Of Rent

In suit for abatement of rent, fees is to be computed according to amount of rent of immovable property to which suit refers and which is payable for that year, which is next before date of presentation of plaint.

(3) Conclusion

To conclude, it can be stated that fee is to be computed according to that value, which is claimed in those suits, which have not been expressly mentioned in Section No. 7 of Court Fees Act. However, such value should not be less than that value, which attracts court fee of less than fifteen rupees.

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