COMPUTATION OF FEES

Computation of fees payable in certain suits-

§6

Summary

The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows :- (i) for money.- In suits for money (including suits for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically)-according to the amount claimed ; (ii) for maintenance and annuities.- In suits for maintenance (with or without a prayer for the creation of a charge) and for annuities or other sums payable periodically according to the value of the subject matter of the suit, and such value shall be deemed to be, in the case of a suit for maintenance, the amount claimed to be payable for one year and in any other case, ten times such amount : Provided that if in a suit for maintenance the plaintiff obtains a decree for maintenance the defendant shall be liable to make good the deficit, if any, between the fee payable on ten times the amount awarded for one year and the fee already paid by the plaintiff; and the amount of such deficit shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue ; (iii) for other moveable property having a market value.- In suits for moveable property other than money, where the subject matter has a market-valueaccording to such value at the date of presenting the plaint ; (iv) against recovery of any money due as a tax, etc.- (a) In suits for declaration to obtain adjudication against recovery of money from the plaintiff, whether the recovery is as land revenue or arrears of land revenue or tax or duty or cess or fee or fine or penalty or under any decree or order of a court or any certificate or award other than under the Arbitration Act, 1940 (X of 1940), or in any other manner-one fourth of ad valorem fee leviable on the amount sought to be recovered according to the scale prescribed under Article 1 of Schedule I with minimum fee of 1[sixty rupees] : Provided that, when in addition any consequential relief other than possession is sought, the amount of fee shall be one half of ad valorem fee on the amount sought to be recovered : Provided further that, when the consequential reliefs also sought include a relief for possession the amount of fee shall be the full ad valorem fee on the amount sought to be recovered ; (b) similar claim in respect of moveable property.- In suits for declaration similar to those falling under sub-paragraph (a) in respect of moveable property-one fourth of ad valorem fee leviable on the value of the moveable property subject to the minimum fee as under sub-paragraph (a) : Provided that when in addition any consequential relief other than possession is sought, the amount of fee shall be one-half of ad valorem fee leviable on the value of such property : Provided further that when the consequential reliefs also sought include a relief for possession the amount of fee shall be the full ad valorem fee leviable on such value; (c) for status with monetary attribute.- In suits for declaration of the status of plaintiff, to which remuneration, honorarium, grant, salary, income, allowance or return is attached, one-fourth of ad valorem fee leviable on the emoluments or value of return for one year : Provided that, when in addition any consequential relief other than possession is sought the amount of fee shall be one-half of ad valorem fee on such emoluments or value of return : Provided further that when the consequential reliefs also sought include a relief for possession the amount of fee shall be the full ad valorem fee on such emoluments or value of return ; (d) for ownership etc. of immoveable property, etc.- In suits for declaration in respect of ownership, or nature of tenancy, title, tenure, right, lease, freedom or exemption from, or non-liability to, attachment with or without sale or other attributes, of immoveable property, such as a declaration that certain land is personal property of the Ruler of any former Indian State or public trust property or property of any class or community-one-fourth of ad valorem fee leviable for a suit for possession on the basis of title of the subject-matter, subject to a minimum fee of 2[one hundred rupees] : Provided that if the question is of attachment with or without sale the amount of fee shall be the ad valorem fee according to the value of the property sought to be protected from attachment with or without sale or the fee of 3[sixty rupees], whichever is less: Provided further that, where the defendant is or claims under or through a limited owner, the amount of fee shall be 4[one-third] of such ad valorem fee, subject to the minimum fee specified above: Provided also that, in any of the cases falling under this clause except its first proviso, when in addition any consequential relief other than possession is sought the amount of fee shall be one-half of ad valorem fee and when the consequential reliefs also sought include a relief for possession the amount of fee shall be the full ad valorem fee; (e) declaration for easements, etc.- In suits for declaration of easement or right to benefits arising out of immoveable property, with or without an injunction or other consequential relief, the amount of fee shall be as shown in the Table below :- 5[TABLE AreaFee(1)(2)(a) The area within the limits of the Municipal Corporation of Brihan Mumbai or the Corporation of the City of the Nagpur or any Municipal Corporation constituted under the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949).One-fourth of the ad valorem fee leviable for a suit for possession of the servient tenement or the dominant tenement, whichever is less, subject to a minimum fee of one hundred rupees.(b) Areas within the limits of Municipal Councils constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965).One-sixth of the ad valorem fee leviable for a suit for possession of the servient tenement or the dominant tenement, whichever is less, subject to a minimum fee of one hundred rupees.(c) Any other area in the State of Maharashtra. One hundred rupees.] (f) for other status without monetary attribute.- In suits for declaration of status to which no direct monetary attribute is attached such as a declaration that the plaintiff is a married husband or wife of the defendant or divorced husband or wife of the defendant or a declaration about legitimacy of children or about citizenship rights or about an adoption 6[one hundred rupees] : Provided that where injunction or other consequential relief is also sought in such case, the amount of fee shall be 7[one hundred fifty rupees] ; (g) for charge on property.- In suits for declaration of a charge in favour of the plaintiff on moveable or immoveable property-one-half of ad valorem fee payable on the charge amount : Provided that where injunction or other consequential relief is also sought in such cases, the amount of fee shall be the full ad valorem fee payable on the charge amount ; (h) for periodical money returns.- In suits for declaration in respect of periodical charge or money return in favour of or against the plaintiff-one-half of ad valorem fee payable on the charge for 5 years if the charge is annual and on the charge for one year if the period of the charge is less than one year ; 8[(ha) for avoidance of sale, contract for sale, etc.- In suits for declaration that any sale, or contract for sale or termination of contract for sale, of any moveable or immoveable property is void 9[one-half] of ad valorem fee leviable on the value of the property ; (hb) for avoidance of acquisition proceedings.- In suits for declaration that any proceedings for compulsory acquisition of any moveable or immoveable property are void 10[one-half] of ad valorem fee leviable on the value of the property ; (i) for accounts.- In suits for accounts-according to the amount at which the relief sought is valued in the plaint or memorandum of appeal, subject to the provisions of section 8, and subject to a minimum fee of 11[one hundred rupees] ; (j) for other declarations.- In suits where declaration is sought, with or without injunction or other consequential relief and the subject-matter in dispute is not susceptible of monetary evaluation and which are not otherwise provided for by this Act 12[ad valoremad valoremad valorem] fee payable, as if the amount or value of the subject matter was 6one thousand rupees; In all suits under clauses (a) to (i), the plaintiff shall state the amount at which he values therelief sought, with the reasons for the valuation; (v) for possession of lands, houses and gardens.- In suits for the possession of land, houses and gardens-according to the value of the subject-matter ; and such value shall be deemed to be, where the subject-matter is a house or garden-according to the market value of the house or garden and where the subject-matter is land, and- (a) where the land is held on settlement for a period not exceeding thirty years and pays the full assessment to Government-a sum equal to 13[forty times] the survey assessment; (b) where the land is held on a permanent settlement, or on a settlement for any period exceeding thirty years, and pays the full assessment to Government-a sum equal to 8eighty times the survey assessment; and- (c) where the whole or any part of the annual survey assessment is remitted-a sum computed under sub-paragraph (a) or sub-paragraph (b), as the case may be, in addition to 14[eighty times] the assessment or, the portion of assessment so remitted ; (vi) to enforce a right of pre-emption.- In suits to enforce a right of pre-emption according to the value (computed in accordance with paragraph (v) of this section) of the land, house or garden in respect of which the right is claimed ; (vii) for share in joint property.- In suit for partition and separate possession of a share of joint family property or of joint property, or to enforce a right to a share in any property on the ground that it is joint family property or joint property whether or not the plaintiff is in actual or constructive possession of the property of which he claims to be a co-parcener or co-owner-according to the value of the share in respect of which the suit is instituted ; Explanation.- For the purposes of this paragraph, if the property in which a share is claimed consists of or includes any land assessed to land revenue for the purpose of agriculture, the value of such land shall be deemed to be the value as determined under paragraph (v) of this section ; (viii) for interest of assignee of land revenue.- In suits for the interest of an assignee of land-revenue, 15[fifty-times] his net profits as such for the year next before the date of presenting the plaint ; (ix) to set aside an attachment.- In suits to set aside an attachment of land or of an interest in land or revenue-according to the amount for which the land or interest was attached : Provided that, where such amount exceeds the value of the land or interest the amount of fee shall be computed as if the suit were for the possession of such land or interest ; (x) to redeem.- In suits against a mortgagee for the recovery of the property mortgaged, and in suits by a mortgagee to foreclose the mortgage, to foreclose.- or, when the mortgage is made by conditional sale, to have the sale declared absolute- according to the principal money expressed to be secured by the instrument of mortgage ; (xi) for specific performance.- In suits for specific performance- (a) of a contract of sale-according to the amount of the consideration, (b) of a contract of mortgage-according to the amount agreed to be secured, (c) of a contract of lease-according to the aggregate amount of the fine or premium (if any) and of the rent agreed to be paid during the first year of the term, (d) of an award-according to the amount or value of the property in dispute ; (xii) between landlord and tenant.- In the following suits between landlord and tenant:- (a) for the delivery by a tenant of the counterpart of a lease, (b) to enhance the rent of a tenant having a right of occupancy, (c) for the delivery by a landlord of a lease, (d) for the recovery of immoveable property from a tenant, including a tenant holding over after the determination of a tenancy, (e) to contest a notice of ejectment, (f) to recover the occupancy of immoveable property from which a tenant has been illegally ejected by the landlord, and (g) for abatement of rent- According to the amount of the rent of the immoveable property to which the suit refers, payable for the year next before the date of presenting the plaint.

The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows :- (i) for money.- In suits for money (including suits for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically)-according to the amount claimed ; (ii) for maintenance and annuities.- In suits for maintenance (with or without a prayer for the creation of a charge) and for annuities or other sums payable periodically according to the value of the subject matter of the suit, and such value shall be deemed to be, in the case of a suit for maintenance, the amount claimed to be payable for one year and in any other case, ten times such amount : Provided that if in a suit for maintenance the plaintiff obtains a decree for maintenance the defendant shall be liable to make good the deficit, if any, between the fee payable on ten times the amount awarded for one year and the fee already paid by the plaintiff; and the amount of such deficit shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue ; (iii) for other moveable property having a market value.- In suits for moveable property other than money, where the subject matter has a market-valueaccording to such value at the date of presenting the plaint ; (iv) against recovery of any money due as a tax, etc.- (a) In suits for declaration to obtain adjudication against recovery of money from the plaintiff, whether the recovery is as land revenue or arrears of land revenue or tax or duty or cess or fee or fine or penalty or under any decree or order of a court or any certificate or award other than under the Arbitration Act, 1940 (X of 1940), or in any other manner-one fourth of ad valorem fee leviable on the amount sought to be recovered according to the scale prescribed under Article 1 of Schedule I with minimum fee of 1[sixty rupees] : Provided that, when in addition any consequential relief other than possession is sought, the amount of fee shall be one half of ad valorem fee on the amount sought to be recovered : Provided further that, when the consequential reliefs also sought include a relief for possession the amount of fee shall be the full ad valorem fee on the amount sought to be recovered ; (b) similar claim in respect of moveable property.- In suits for declaration similar to those falling under sub-paragraph (a) in respect of moveable property-one fourth of ad valorem fee leviable on the value of the moveable property subject to the minimum fee as under sub-paragraph (a) : Provided that when in addition any consequential relief other than possession is sought, the amount of fee shall be one-half of ad valorem fee leviable on the value of such property : Provided further that when the consequential reliefs also sought include a relief for possession the amount of fee shall be the full ad valorem fee leviable on such value; (c) for status with monetary attribute.- In suits for declaration of the status of plaintiff, to which remuneration, honorarium, grant, salary, income, allowance or return is attached, one-fourth of ad valorem fee leviable on the emoluments or value of return for one year : Provided that, when in addition any consequential relief other than possession is sought the amount of fee shall be one-half of ad valorem fee on such emoluments or value of return : Provided further that when the consequential reliefs also sought include a relief for possession the amount of fee shall be the full ad valorem fee on such emoluments or value of return ; (d) for ownership etc. of immoveable property, etc.- In suits for declaration in respect of ownership, or nature of tenancy, title, tenure, right, lease, freedom or exemption from, or non-liability to, attachment with or without sale or other attributes, of immoveable property, such as a declaration that certain land is personal property of the Ruler of any former Indian State or public trust property or property of any class or community-one-fourth of ad valorem fee leviable for a suit for possession on the basis of title of the subject-matter, subject to a minimum fee of 2[one hundred rupees] : Provided that if the question is of attachment with or without sale the amount of fee shall be the ad valorem fee according to the value of the property sought to be protected from attachment with or without sale or the fee of 3[sixty rupees], whichever is less: Provided further that, where the defendant is or claims under or through a limited owner, the amount of fee shall be 4[one-third] of such ad valorem fee, subject to the minimum fee specified above: Provided also that, in any of the cases falling under this clause except its first proviso, when in addition any consequential relief other than possession is sought the amount of fee shall be one-half of ad valorem fee and when the consequential reliefs also sought include a relief for possession the amount of fee shall be the full ad valorem fee; (e) declaration for easements, etc.- In suits for declaration of easement or right to benefits arising out of immoveable property, with or without an injunction or other consequential relief, the amount of fee shall be as shown in the Table below :- <center class="font1">5[TABLE</center> <table style="margin-left: auto; margin-right: auto;border-collapse: collapse;"><tbody><tr><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;"><center class="font1">Area</center></td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;"><center class="font1">Fee</center></td></tr><tr><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;"><center class="font1">(1)</center></td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;"><center class="font1">(2)</center></td></tr><tr><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">(a) The area within the limits of the Municipal Corporation of Brihan Mumbai or the Corporation of the City of the Nagpur or any Municipal Corporation constituted under the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949).</td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">One-fourth of the ad valorem fee leviable for a suit for possession of the servient tenement or the dominant tenement, whichever is less, subject to a minimum fee of one hundred rupees.</td></tr><tr><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">(b) Areas within the limits of Municipal Councils constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965).</td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">One-sixth of the ad valorem fee leviable for a suit for possession of the servient tenement or the dominant tenement, whichever is less, subject to a minimum fee of one hundred rupees.</td></tr><tr><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">(c) Any other area in the State of Maharashtra. </td><td style="border:1px solid black;height: 50px;text-align: left;vertical-align: top; min-width: 100px; padding: 10px;">One hundred rupees.]</td></tr></tbody></table> (f) for other status without monetary attribute.- In suits for declaration of status to which no direct monetary attribute is attached such as a declaration that the plaintiff is a married husband or wife of the defendant or divorced husband or wife of the defendant or a declaration about legitimacy of children or about citizenship rights or about an adoption 6[one hundred rupees] : Provided that where injunction or other consequential relief is also sought in such case, the amount of fee shall be 7[one hundred fifty rupees] ; (g) for charge on property.- In suits for declaration of a charge in favour of the plaintiff on moveable or immoveable property-one-half of ad valorem fee payable on the charge amount : Provided that where injunction or other consequential relief is also sought in such cases, the amount of fee shall be the full ad valorem fee payable on the charge amount ; (h) for periodical money returns.- In suits for declaration in respect of periodical charge or money return in favour of or against the plaintiff-one-half of ad valorem fee payable on the charge for 5 years if the charge is annual and on the charge for one year if the period of the charge is less than one year ; 8[(ha) for avoidance of sale, contract for sale, etc.- In suits for declaration that any sale, or contract for sale or termination of contract for sale, of any moveable or immoveable property is void 9[one-half] of ad valorem fee leviable on the value of the property ; (hb) for avoidance of acquisition proceedings.- In suits for declaration that any proceedings for compulsory acquisition of any moveable or immoveable property are void 10[one-half] of ad valorem fee leviable on the value of the property ; (i) for accounts.- In suits for accounts-according to the amount at which the relief sought is valued in the plaint or memorandum of appeal, subject to the provisions of section 8, and subject to a minimum fee of 11[one hundred rupees] ; (j) for other declarations.- In suits where declaration is sought, with or without injunction or other consequential relief and the subject-matter in dispute is not susceptible of monetary evaluation and which are not otherwise provided for by this Act 12[ad valoremad valoremad valorem] fee payable, as if the amount or value of the subject matter was 6one thousand rupees; In all suits under clauses (a) to (i), the plaintiff shall state the amount at which he values therelief sought, with the reasons for the valuation; (v) for possession of lands, houses and gardens.- In suits for the possession of land, houses and gardens-according to the value of the subject-matter ; and such value shall be deemed to be, where the subject-matter is a house or garden-according to the market value of the house or garden and where the subject-matter is land, and- (a) where the land is held on settlement for a period not exceeding thirty years and pays the full assessment to Government-a sum equal to 13[forty times] the survey assessment; (b) where the land is held on a permanent settlement, or on a settlement for any period exceeding thirty years, and pays the full assessment to Government-a sum equal to 8eighty times the survey assessment; and- (c) where the whole or any part of the annual survey assessment is remitted-a sum computed under sub-paragraph (a) or sub-paragraph (b), as the case may be, in addition to 14[eighty times] the assessment or, the portion of assessment so remitted ; (vi) to enforce a right of pre-emption.- In suits to enforce a right of pre-emption according to the value (computed in accordance with paragraph (v) of this section) of the land, house or garden in respect of which the right is claimed ; (vii) for share in joint property.- In suit for partition and separate possession of a share of joint family property or of joint property, or to enforce a right to a share in any property on the ground that it is joint family property or joint property whether or not the plaintiff is in actual or constructive possession of the property of which he claims to be a co-parcener or co-owner-according to the value of the share in respect of which the suit is instituted ; Explanation.- For the purposes of this paragraph, if the property in which a share is claimed consists of or includes any land assessed to land revenue for the purpose of agriculture, the value of such land shall be deemed to be the value as determined under paragraph (v) of this section ; (viii) for interest of assignee of land revenue.- In suits for the interest of an assignee of land-revenue, 15[fifty-times] his net profits as such for the year next before the date of presenting the plaint ; (ix) to set aside an attachment.- In suits to set aside an attachment of land or of an interest in land or revenue-according to the amount for which the land or interest was attached : Provided that, where such amount exceeds the value of the land or interest the amount of fee shall be computed as if the suit were for the possession of such land or interest ; (x) to redeem.- In suits against a mortgagee for the recovery of the property mortgaged, and in suits by a mortgagee to foreclose the mortgage, to foreclose.- or, when the mortgage is made by conditional sale, to have the sale declared absolute- according to the principal money expressed to be secured by the instrument of mortgage ; (xi) for specific performance.- In suits for specific performance- (a) of a contract of sale-according to the amount of the consideration, (b) of a contract of mortgage-according to the amount agreed to be secured, (c) of a contract of lease-according to the aggregate amount of the fine or premium (if any) and of the rent agreed to be paid during the first year of the term, (d) of an award-according to the amount or value of the property in dispute ; (xii) between landlord and tenant.- In the following suits between landlord and tenant:- (a) for the delivery by a tenant of the counterpart of a lease, (b) to enhance the rent of a tenant having a right of occupancy, (c) for the delivery by a landlord of a lease, (d) for the recovery of immoveable property from a tenant, including a tenant holding over after the determination of a tenancy, (e) to contest a notice of ejectment, (f) to recover the occupancy of immoveable property from which a tenant has been illegally ejected by the landlord, and (g) for abatement of rent- According to the amount of the rent of the immoveable property to which the suit refers, payable for the year next before the date of presenting the plaint.

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