section 7
Determination of market value.
The Kerala Court Fees and Suits Valuation Act, 1959Chapter II LIABILITY TO PAY FEE
7. Determination of market value.— (1) Save as otherwise provided, where the fee payable under this Act depends on the market value of any property, such value shall be determined as on the date of presentation of the plaint. (2) The 1[market value of agricultural land] in suits falling under section 25 (a), 25 (b), 27 (a), 29, 30, 37 (1), 37 (3), 38, 45 or 48 shall be deemed to be ten times the annual gross profits of such land where it is capable of yielding annual profits minus the assessment if any made to the Government. (3) The market value of a building shall in cases where its rental value has been entered in the registers of any local authority, be ten times such rental value and in other cases the actual market value of the building as on the date of the plaint. 2[(3A) The market value of any property other than agricultural land and building failing under sub-sections (2) and (3) shall be the value it will fetch on the date of institution of the suit.] (4) Where the subject-matter of the suit is only a restricted or fractional interest in a property, the market value of the property shall be deemed to be the value of the restricted or fractional interest and the value of the restricted or fractional interest shall bear the same proportion to the market value of the absolute interest in such properly as the net income derived by the owner of the restricted or fractional interest bears to the total net income from the property.
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