Chapter IV COMPUTATION OF FEE

21. Fee how reckoned.—The fee payable under this Act shall be determined or computed in accordance with the provisions of this Chapter, Chapter VI, Chapter IX and Schedules I and II.

22. Suits for money.—In a suit for money (including a suit for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically), fee shall be computed on the amount claimed.

23. Suits for maintenance and annuities.—In the suits hereinafter mentioned, fee shall be computed as follows: — (a) In a suit for maintenance, on the amount claimed to be payable for one year; (b) in a suit for enhancement or reduction of maintenance, on the amount by which the annual maintenance is sought to be enhanced or reduced; (c) in a suit for annuities or other sums payable periodically, on five times the amount claimed to be payable for one year: Provided that, where the annuity is payable for less than five years, the fee shall be computed on the aggregate of the sums payable: Provided further that, a suit for enhancement of maintenance shall be instituted in a court which will have jurisdiction to receive a suit for maintenance at the enhanced rate claimed and one for reduction of maintenance shall be instituted in a court which will have jurisdiction to receive a suit for maintenance at the rate which is sought to be reduced.

24. Suits for movable property.—(1) In a suit for movable property other than documents of title, fee shall be computed— (a) where the subject-matter has a market value, on such value; or (b) where the subject-matter has no market value, on the amount at which the relief sought is valued in the plaint. (2) (a) In a suit for possession of documents of title, fee shall be computed on one-fourth of the amount or of the market value of the property secured by the document— (i) where the plaint alleges denial of the plaintiff’s title to the money or the property secured by the document, or (ii) where an issue is framed regarding the plaintiff's title to the money or the property secured by the document: Provided that, where the allegation in the plaint or the issue framed relates only to a portion of the amount or property, fee shall be computed on one-fourth of such portion of the amount or on one-fourth of the market value of such portion of the property. (b) In a suit for possession of documents of title where the plaintiff’s title to the money or the property secured by the document is not denied, fee shall be computed on the amount at which the relief sought is valued in the plaint. Explanation I.—The expression “document of title” means a document which purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, in any property. Explanation II.—When the main document of title has been valued and court fee paid on that basis, no additional court fee shall be leviable on documents of title which are subsidiary title deeds.

25. Suits for declaration.—In a suit for a declaratory decree or order, whether with or without consequential relief, not falling under section 26— (a) where the prayer is for a declaration and for possession of the property to which the declaration relates, fee shall be computed on the market value of the property or on rupees 1[rupees one thousand], whichever is higher; (b) where the prayer is for a declaration and for consequential injunction and the relief sought is with reference to any immovable property, fee shall be computed on one-half of the market value of the property or on 2[rupees one thousand] whichever is higher; (c) where the prayer relates to the plaintiff’s exclusive right to use, sell, print or exhibit any mark, name, book, picture, design or other thing and is based on an infringement of such exclusive right, fee shall be computed on the amount at which the relief sought is valued in the plaint or on 3[rupees one thousand], whichever is higher; (d) in other cases— (i) where the subject-matter of the suit is capable of valuation fee shall be computed on the market value of the property; and (ii) where the subject-matter of the suit is not capable of valuation’ fee shall be computed on the amount at which the relief sought is valued in the plaint or on 4[ rupees one thousand], whichever is higher.

26. Adoption Suits.—In a suit for a declaration in regard to the validity or invalidity of an adoption or the factum of an adoption, fee shall be payable at the following rates: — 5[(i) In a Munsiff’s Court Rupees fifty if the market value of the property involved in or affected by the relief is Rs.5000 or less. Rupees one hundred and fifty if it exceeds Rs.5000 but does not exceed Rs.15,000. (ii) In a Sub-Court or a District Court Rupees five hundred.]

27. Suits for injunction.—In a suit for injunction(a) where the relief sought is with reference to any immovable property; and (i) where the plaintiff alleges that his title to the property is denied, or (ii) where an issue is framed regarding the plaintiff’s title to the property, fee shall be computed on one-half of the market value of the property or on rupees 1[rupees five hundred], whichever is higher; (b) where the prayer relates to the plaintiff’s exclusive right to use, sell, print or exhibit any mark, name, book, picture, design or other thing and is based on an infringement of such exclusive right, fee shall be computed on the ‘amount’ at which the relief sought is valued in the plaint or on 2[rupees five hundred], whichever is higher; (c) in any other case, whether the subject-matter of the suit has a market value or not, fee shall be computed on the amount at which the relief sought is valued in the plaint or on 3[rupees five hundred], whichever is higher: 4[Provided that where the relief sought by the plaintiff is in respect of money sought to be recovered from him such relief shall not, for the purpose of computation of fee, be valued at an amount less than one half of the amount sought to be so recovered.]

28. Suits relating to trust property.—In a suit for possession or joint possession of trust property or for a declaratory decree, whether with or without consequential relief in respect of it, between trustees or rival claimants to the office of trustee or between a trustee and a person who has ceased to be trustee, fee shall be computed on one-fifth of the market value of the property subject to a maximum fee of rupees two hundred or where the property has no market value on rupees one thousand: Provided that, where the property does not have a market value, value for the purpose of determining the jurisdiction of courts shall be such amount as the plaintiff shall state in the plaint. Explanation.—For the purpose of this section, property comprised in a Hindu, Muslim or other religious or charitable endowment shall be deemed to be trust property and the manager of any such property shall be deemed to be the trustee thereof.

29. Suits for possession under the Specific Relief Act, 1877.—In a suit for possession of immovable property under section 9 of the Specific Relief Act, 1877 (Central Act 1 of 1877), fee shall be computed on one-third of the market value of the property or on rupees one hundred and fifty, whichever is higher.

30. Suits for possession not otherwise provided for.—In a suit for possession of immovable property not otherwise provided for, fee shall be computed on the market value of the property or on 5[rupees one thousand], whichever is higher.

31. Suits relating to easements.—In a suit relating to an easement, whether by the dominant or the servient owner, or to a licence as defined in the law relating to easements for the time being in force, fee shall be computed on the amount at which the relief sought is valued in the plaint, or on 6[rupees one thousand], whichever is higher: 4. Added by Act 6 of 1991. Provided that, where compensation is claimed besides other relief relating to such easement or licence, fee shall be paid on the amount claimed as compensation in addition to the fee payable on such other relief.

32. Pre-emption suits.—In a suit to enforce a right of pre-emption, fee shall be computed on the amount of the consideration for the sale which the pre-emptor seeks to avoid or on the market value, whichever is less.

33. Suits relating to mortgages.—(1) In a suit to recover the money due on a mortgage, fee shall be computed on the amount claimed. Explanation.—It is immaterial that sale of the mortgaged property is not prayed for. (2) Where, in such a suit, the holder of a prior mortgage or charge is impleaded and he prays in his written statement that the amount due on his mortgage or charge be determined and that the decree contains a direction for the payment of such amount to him, fee shall be payable on the written statement computed on the amount claimed: Provided that, where the holder of the mortgage or charge has paid a fee in any other proceeding on the claim to which his written statement relates, credit shall be given for the fee paid by him in such other proceeding. (3) Where, in such a suit, the mortgaged property is sold and the holder of a prior or subsequent mortgage or charge applies for payment to him, out of the sale proceeds, of the amount due on his mortgage or charge, such holder of the prior or subsequent mortgage or charge shall pay on his application a fee computed on the amount claimed by him: Provided that, where such holder of the mortgage or charge is a party to the suit in which the sale was held and has paid fee on the written statement filed by him in the suit, no fee shall be payable by him on the application for payment out of the sale proceeds: Provided further that, where the holder of the mortgage or charge, not being a party to the suit in which the sale is held, has paid a fee in any other proceeding on the claim to which his application relates, credit shall be given for the fee paid by him in such other proceeding. (4) In a suit by a co-mortgagee for the benefit or himself and other co-mortgagees, fee shall be computed on the amount claimed on the entire mortgage: Provided that, where a co-mortgagee impleaded as defendant in such suit claims on the entire mortgage a larger sum than is claimed in the plaint, the difference between the fee computed on the entire sum claimed in such defendant’s written statement and the fee computed on the entire sum claimed in the plaint shall be payable on the written statement. Explanation.—Nothing in this sub-section shall be construed as affecting the law of limitation. (5) (a) In a suit by a sub-mortgagee to recover the amount claimed on the sub-mortgage by sale of the mortgagee’s interest in the mortgaged property, fee shall be computed on the amount claimed under the sub-mortgage. (b) In a suit by a sub-mortgagee, if the prayer is for the sale of the property mortgaged to the original mortgagee and the original mortgagor is also impleaded as a defendant, fee shall be computed on the entire amount claimed on the original mortgage which is sub-mortgaged to him. (6) Where the holder of a prior or subsequent mortgage or charge is impleaded in a suit by a co-mortgagee to which subsection (4) applies, or in a suit by a sub-mortgagee to which sub-section (5) applies, the provisions of sub-sections (2) and (3) shall apply mutalis mutandis to a written statement or an application filed by such holder of mortgage or charge. (7) Where the original mortgagee who is impleaded in a suit to which the provisions of sub-section (5) (b) apply claims on the mortgage sub-mortgaged by him a larger amount than is claimed in the plaint, the provisions of sub-section (4) shall apply mulatis mutandis to the written statement of such mortgager. (8) In a suit against a mortgagee for redemption of a mortgage, fee shall be computed on the amount due on the mortgage as stated in the plaint or on one-fourth of the principal amount secured under the mortgage, whichever is higher: Provided that, where the amount due on the mortgage is found to be more than the amount on which fee has been paid by the plaintiff, no decree shall be passed until the deficit fee is paid: Provided further that, in the case of a usufructuary or anomalous mortgage, if the plaintiff prays for redemption as well as for accounts of surplus profits, fee shall be levied separately on the relief for accounts as in a suit for accounts. (9) In a suit by mortgagee to foreclose the mortgage or, where the mortgage is made by conditional sale, to have the sale declared absolute, fee shall be computed on the amount claimed in the plaint by way of principal and interest.

34. Suits relating to kanams.— (1) A suit by a landlord for recovery of possession of property transferred by way of kanam or kanam-kuzhikanam 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.

35. Suits for accounts.—(1) In a suit for accounts, fee shall be computed on the amount sued for as estimated in the plaint or on 1[rupees one thousand] whichever is higher. (2) Where the amount payable to the plaintiff as ascertained in the suit is in excess of the amount as estimated in the plaint, no decree directing payment of the amount as so ascertained shall be passed until the difference between the fee actually paid and the fee that would have been payable had he 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) Where in any such suit it is found that any amount is payable to the defendant, no decree shall be passed in his favour until he pays the fee due on the amount.

36. Suits for dissolution of partnership.— (1) In a suit for dissolution of partnership and accounts or for accounts of dissolve partnership, fee shall be computed on the value of the plaintiff’s share in the partnership as estimated by the plaintiff. (2) If the value of the plaintiff’s share as ascertained in the suit exceeds the value as estimated in the plaint, no decree, or where there has been a preliminary decree, no final decree, shall be paid in favour of the plaintiff, no payment shall be made out of the assets of the partnership and no property shall be allotted as for the plaintiff’s share, until the difference between the fee actually paid and the fee that would have been payable had the suit comprised the whole of the value so ascertained, is paid. (3) No final decree shall be passed, no money shall be paid and no allotment of property shall be made in favour of a defendant in any such suit as, for or on account of his share of the assets of the partnership, until the fee computed on the amount or value of his share of the assets of the partnership, is paid.

37. Partition suits.— (1) In a suit for partition and separate possession of a share of joint family property or of property owned, jointly or in common, by a plaintiff who has been excluded from possession of such property, fee shall be; computed on the market value of the plaintiff’s share. (2) In a suit for partition and separate possession of joint family property or property owned, jointly or in common, by a plaintiff who is in joint possession of such property, fee shall be paid at the following rates: — When the plaint is presented to— (i) a Munsiff’s Court 1[Rupees fifty] 2[(ii) a Sub-Court or a Rupees three hundred]. District Court (3) Where, in a suit falling under sub-section (1) or sub-section (2), a defendant claims partition and separate possession of his share of the property, fee shall be payable on his written statement computed on half the market value of his share or at half the rates specified in sub-section (2), according as such defendant has been excluded from possession or is in joint possession. (4) Where, in a suit falling under sub-section (1) or sub-section (2), the plaintiff or the defendant seeks cancellation of decree or other document of the nature specified in section

38. Suits for joint possession.—In a suit for joint possession of joint family property or of properly owned, jointly or in common, by a plaintiff who has been excluded from possession, fee shall be computed on the market value of the plaintiff's share.

39. Administration suits.—(1) In a suit for the administration of an estate, fee shall be levied on the plaint at the rates specified in section

40, separate fee shall be payable on the relief of cancellation in the manner specified in that section.

41. Suits to set aside attachment, etc— (1) In a suit to set aside an attachment by a Civil or Revenue Court of any property, movable or immovable, or of any interest therein or of any interest in revenue, or to set aside an order passed on an application made to set aside the attachment, fee shall be computed on the amount for which the property was attached or on one-fourth of the market value of the property attached, whichever is less. (2) In a suit to set aside any other summary decision or order of a Civil or Revenue Court, if the subject-matter of the suit has a market value, fee shall be computed on one-fourth of such value, and in other cases, fee shall be payable at the rates Specified in section 50. Explanation —For the purpose of this section, the Registrar of Co-operative Societies shall be deemed to be a Civil Court.

42. Suits for specific performance.- In a suit for specific performance, whether with or without possession, fee shall be payable- (a) in the case of a contract of sale, computed on the amount of the consideration; (b) in the case of a contract of mortgage, computed on the amount agrees to be secured by the mortgage; (c) in the case of a contract of lease, computed on the aggregate amount of the fine or premium if any, and of the average of the annual rent agreed to be paid; (d) in the case of a contract of exchange, computed on the amount of the consideration, or as the case may be on the market value of the property, sought to be got in exchange; (e) in other cases, where the consideration for the promise sought to be enforced has a market value computed on such market value, or where such consideration has no market value at the rates specified in section 50.

43. Suits between landlord and tenant.— (1) In the following suits between landlord and tenant, namely : — (a) for enhancement of rent; (b) for recovery of immovable property from which a tenant has been illegally ejected by the landlord; (c) for establishing or disproving a right of leasehold; fee shall be levied on the amount of rent for the immovable property to which the suit relates, payable for the year next before the date of presenting the plaint. (2) In a suit for recovery of immovable property from a tenant including a tenant holding over after the termination of a tenancy, fee shall be computed on the premium, if any, and on the rent payable for the year next before the date of presenting the plaint. Explanation —Rent includes also damages for use and occupation payable by a tenant holding over. (3) In a suit for reduction or apportionment of rent, fee shall be levied on the amount of rent sought to be reduced or on the amount of rent that is sought to be apportioned.

44. Suits for mesne profits.— (1) In a suit for mesne profits or for immovable property and mesne profits, fee shall in respect of mesne profits be computed, where the amount is stated approximately and sued for, on such amount. If the profits ascertained to be due to the plaintiff are in excess of the profits as approximately estimated and sued for, no decree shall be passed until the difference between the fee actually paid and the fee that would have been payable had the suit comprised the whole of the profits so ascertained is paid. (2) Where a decree directs an enquiry as to the mesne profits which have accrued on the property, whether prior or subsequent to the institution of the suit, no final decree shall be passed till the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits accrued due till the date of such decree is paid. (3) Where, for a period subsequent to the date of the decree or final decree, such decree or final decree directs payment of mesne profits at a specified rate, such decree or final decree shall not be executed until the fee computed on the amount claimed in execution has been paid.

45. Suits under the Survey and Boundaries Act.—In a suit under section 14 of the Madras Survey and Boundaries Act, 1923, section 13 of the Travancore Survey and Boundaries Act of l094 or section 14 of the Cochin Survey Act, II of 1074, fee shall be computed on one-half of the market value of the property affected by the determination of the boundary or on 1[rupees one thousand], whichever is higher.

46. Suits to alter or cancel entry in a register.—In a suit to alter or cancel any entry in a revenue register of the names of proprietors of the land or others interested in such land, the fee payable shall be fifteen rupees.

47. Suits relating to public matters.—In a suit for relief under section 14 of the Religious Endowments Act, 1863 (Central Act XX of 1863) or under section 91 or section 92 of the Code of Civil Procedure, 1908 (Central Act V of 1908), the fee payable shall be ten rupees.

48. Interpleader suits.— (1) In an interpleader suit, fee shall be payable on the plaint at the rates specified in section 50. (2) Where issues are framed as between the claimants, fee shall be payable computed on the amount of the debt or the money or the market value of other property, movable or immovable, which forms the subject-matter of the suit. In levying such fee, credit shall be given for the fee paid on the plaint; and the balance of the fee shall be paid in equal shares by the claimants who claim the debt or the sum of money or the property adversely to each other. (3) Value for the purpose of determining the jurisdiction of courts shall be the amount of the debt, or the sum of money or the market value of other property to which the suit relates.

49. Third party proceedings.—In third party proceedings, fee shall be levied on one half of the value of the contribution or indemnity claimed against a third party or against a co-defendant if a claim is made against him : Provided that, if the suit against the defendant who has filed the third party notice is dismissed, wholly or in part, he shall be entitled to a refund of the whole or a proportionate part of the fee paid by him. Explanation.-The provisions of this section shall also apply to counter-claims made in third party proceedings. 50. Suits not otherwise provided for.—In suits not otherwise provided for, fee shall be payable at the following rates : — 1[(i) In a Revenue Court - Rupees twenty-five (ii) In a Munsiff's Court - Rupees fifty (iii) In a Sub-Court or a District Court - Rupees two hundred if the value of the subject matter is Rs. 25,000 or less; and rupees four hundred if the value of the subject matter is above Rs. 25,000.]

50. (2) Where any amount or share or part of the assets of the estate is found due to the plaintiff, and the fee computed on the amount or the market value of such share or part of the assets exceeds the fee paid on the plaint, no payment shall be made and no decree directing payment of money or confirming title in such share or part of the asset shall be passed until the difference between the fee actually paid and the fee computed on the amount or value of the property is paid. (3) No payment shall be made no decree directing payment of money or confirming title to any share or part of the assets of the estate shall be passed in favour of a defendant in a suit for administration, until the fee computed on the amount or value of such share or part of such assets is paid by such defendant. (4) In computing the fee payable by a plaintiff or by a defendant under sub-section (2) or sub-section (3), credit shall be given for the fee, if any, paid by such plaintiff or by such defendant in any other proceeding in respect of the claim on the basis of which such amount or share or part of the assets of the estate becomes due to such plaintiff or to such defendant. 40. Suits for cancellation of decrees etc.— (1) In a suit for cancellation of a decree for money or other property having a money value or other document which purports or (operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest in money, movable or immovable property, fee shall be computed on the value of the subject-matter of the suit, and such value shall be deemed to be— if the whole decree or other document is sought to be cancelled, the amount or value of the property for which the decree was passed or other document was executed; if a part of the decree or other document is sought to be cancelled, such part of the amount or value of the property. (2) If the decree or other document is such that the liability under it cannot be split up and the relief claimed relates only to a particular item of property belonging to the plaintiff or to the plaintiff’s share in any such property, fee shall be computed on the value of such property or share or on the amount of the decree, whichever is less. Explanation.—A suit to set aside an award shall be deemed to be a suit to set aside a decree within the meaning of this section.

51. Fee on memorandum of appeal against order relating to compensation.—The fee payable under this Act on a memorandum of appeal against an order relating to compensation under any Act for the time being in force for the acquisition of property for public purposes shall be computed on the difference between the amount awarded and the amount claimed by the appellant.

52. Appeals.—The fee payable in an appeal shall be the same as the fee that would be payable in the Court of first instance on the subject-matter of the appeal : Provided that, in levying fee on a memorandum of appeal against a final decree by a person whose appeal against the preliminary decree passed by the Court of first instance or by the Court of appeal is pending, credit shall be given for the fee paid by such person in the appeal against the preliminary decree: 2[Provided further that one third of the fee payable in an appeal shall be paid at the stage of admission of first appeal or second appeal as the case may be and the balance shall be paid within such period, not later than fifteen days from the date of such admission as may be specified by the court; in case the appeal is admitted: Provided also that the court may, for sufficient reasons to be recorded in writing extend the period upto thirty days.] Explanation (1).—Whether the appeal is against the refusal of a relief or against the grant of the relief, the fee payable in the appeal shall be the same as the fee that would be payable on the relief in the Court of first instance. Explanation (2).—Costs shall not be deemed to form part of the subject-matter of the appeal except where such costs form themselves the subject-matter of the appeal or relief is claimed as regards costs on grounds additional to, or independent of, the relief claimed regarding the main subject-matter in the suit. 2. Added by Act 6 of 1991. Explanation (3).—In claims which include the award of interest subsequent to the institution of the suit; the interest accrued during the pendency of the suit till the date of decree shall be deemed to be part of the subject-matter of the appeal except where such interest is relinquished. Explanation (4).—Where the relief prayed for in the appeal is different from the relief prayed for or refused in the Court of first instance, the fee payable in the appeal shall be the fee that would be payable in the Court of first instance on the relief prayed for in the appeal. Explanation (5).—Where the market value of the subject- matter of the appeal has to be ascertained for the purpose of computing or determining the fee payable, such market value shall be ascertained as on the date of presentation of the plaint.

1[52A. Fees on Memorandum of Appeal against the order of Income Tax Appellate Tribunal and Wealth Tax Appellate Tribunal.-Notwithstanding anything contained in section 52, the fee payable on a Memorandum of Appeal filed before the High Court against the order of Income Tax Appellate Tribunal under the Income Tax Act, 1961 (Central Act 43 of 1961) and of the Wealth Tax Appellate Tribunal under the Wealth Tax Act, 1957 (Central Act 27 of 1957), shall, respectively, be at the rates specified in sub-items (C) and (D) of item (iii) of article 3 of Schedule II.] CHAPTER V VALUATION OF SUITS