Section 7Computation of fees payable in certain suits
Chapter III COMPUTATION OF FEES
s. 7
7. Computation of fees payable in certain suits The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:- [(i) for money;] i. 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;] ii. In suits for maintenance and 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 ten times the amount claimed to be payable for one year: Provided that, in suits by widows for maintenance such value shall be deemed to be the amount claimed to be payable for one year. [(iii) for moveable property having a market-value;] iii. In suits for moveable property other than money, where the subject-matter has a market-value - according to such value at the date of presenting the plaint: [(iv) (a) for moveable property of no market- value;(b) [Omitted](c) for declaratory decree and consequential relief;(d) for an injunction;(e) for easements;(f) for accounts;] iv. In suits- (a) for moveable property where the subject-matter has no market-value, as, for instance, in the case of documents relating to title, (b) [Omitted by section 7(1) of the Court-fees (Amendment) Act, 1935 (Act No. VII of 1935).] (c) to obtain a declaratory decree or order, where consequential relief is prayed. (d) to obtain an injunction. (e) for a right to some benefit (not herein otherwise provided for ) to arise out of land, and (f) 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 8C. [In all such suits the plaintiff shall state the amount at which he values the relief sought: Provided that in such suits the valuation shall not be such as would attract a court-fee of less than [two hundred taka].] [(v) for possession of land, buildings or gardens;] v. In suits for the possession of land, buildings or gardens (a) according to the value of the subject-matter, and such value shall be deemed to be fifteen times the net profit which have arisen from the land, building or garden during the years next before the date of presenting the plaint, or if the Court sees reason to think that such profit have been wrongly estimated, fifteen times such amount as the Court may assess as such profits or according to the market-value of the land, building or garden, whichever is greater: (b) if, in the opinion of the Court, such profits are not readily ascertainable or assessable, or where there are no such profits, according to the market-value of the land, building or garden: Explanation.In this paragraph “building” includes a house, out-house, stable, privy, urinal, shed, hut, wall and any other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever: [(vi) to enforce a right of pre-emption;] vi. In suit to enforce a right of pre-emption-according to the market-value of the land, building or garden in respect of which the right is claimed: [Provided that in an application to enforce a right of pre-emption under section 96 of the State Acquisition and Tenancy Act, 1950 (E.B Act No. XXXVIII of 1951) or under section 24 of the Non-Agricultural Tenancy Act, 1949 (E.B Act No XXIII of 1949), a fixed fee of an amount of [two hundred taka] shall be payable. Explanation.In this paragraph "building" has the same meaning as in paragraph v;] viA. In suits for partition and separate possession of a share of joint family property or of a 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- if the plaintiff has been excluded from possession of the property of which he claims to be a co-parcener or co-owner, according to the market value of the share in respect of which the suit is instituted: [(vii) for interest of assignee of land revenue;] vii. In suits for the interest of an assignee of land revenue - fifteen times his net profits as such for the years next before the date of presenting the plaint: [(viii) to set aside an attachment;] viii. 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: [(viiiA) to set aside decrees;] viiiA. In suits to set aside decrees passed for ascertained amounts - according to the amounts of the decrees sought to be set aside, or where such decrees are not for any ascertained amounts, the fee payable shall be the same as paid on the plaints of the suits in which the questioned decrees were passed: Provided that, where such amount exceeds the value of land or interest, the amount of fee shall be computed as if the suit were for the possession of such land or interest: [(ix) to redeem; to foreclose;] ix. In suits against a mortgage for the recovery of the property mortgaged,and in suits by a mortgage to foreclose the mortgage, or, where 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: [(x) for specific performance;] x. 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: [(xi) between landlord and tenant;] xi. 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, (cc) for the recovery of immovable property from a tenant including a tenant holding over after the determination of a tenancy, (d) to contest a notice of ejectment, (e) to recover the occupancy of immovable property from which a tenant has been illegally ejected by the landlord, and (f) for abatement of rent according to the amount of the rent of the immovable property to which the suit refers, payable for the year next before the date of presenting the plaint. xii. In suits not expressly provided for in this section, according to the value claimed, but such value shall not be less than a value which would attract a Court-fee of less than fifteen taka.