LexThe Kerala Court Fees and Suits Valuation Act, 1959 (No.10 of 1960)
Kerala · state statute
Open in Lexace · Ask the AI about this actTHE KERALA COURT-FEES AND SUITS VALUATION
ACT, 1959
(ACT 10 OF 1960)
CONTENTS
Sections
CHAPTER I.
Preliminary.
1. Short title, extent and commencement.
2. Application of Act.
3. Definitions.
C
HAPTER II.
Liability to pay fee.
4. Levy of fee in Courts and public offices.
4A. Levy of fee at the time of institution of suit.
5. Fees on documents inadvertently received.
6. Multifarious suits.
7. Determination of market value.
8. Set off or counter claim.
9. Documents falling under two or more descriptions.
C
HAPTER III.
Determination of fee.
10 . Statement of particulars of subject-matter of suit and
Plaintiff’s valuation thereof.
11. Decision as to proper fee in the High Court.
12. Decision as to proper fee in other Courts.
13. Additional fee on issues framed.
14. Relinquishment of portion of claim.
15. Fee payable on written statements.
16. Fee payable on appeals, etc.
17. Fee payable on petitions, applications, etc.
18. Court -fee Examiners.
19. Inquiry and commission.
20. Notice to Government.
C
HAPTER IV.
Computation of fee.
21. Fee how reckoned.
22. Suits for money.
23. Suits for maintenance and annuities.
Sections
24. Suits for movable property.
25. Suits for declaration.
26. Adoption suits.
27. Suits for injunction.
28. Suits relating to trust property.
29. Suits for possession under the Specific Relief Act 1877.
30. Suits for possession not otherwise provided for .
31. Suits relating to easements.
32. Pre-emption suits.
33. Suits relating to mortgages.
34. Suits relating to kanams.
35. Suits for accounts.
36. Suits for dissolution of partnership.
37. Partition suits.
38. Suits for joint possession.
39. Administration suits.
40. Suits for cancellation of decrees, etc.
41. Suits to set aside attachment, etc.
42. Suits for specific performance.
43. Suits between landlord and tenant. .
44. Suits for mesne profits.
45. Suits under the Survey and Boundaries Act.
46. Suits to alter or cancel entry in a register.
47. Suits relating to public matters.
48. Interpleader suits.
49. Third party proceedings.
50. Suits not otherwise provided for.
51. Fee on memorandum of appeal against order relat ing to
compensation.
52. Appeals.
52A. Fee on Memorandum of Appeal against the order of Income
Tax Appellate Tribunal or Wealth Tax Appellate Tribunal.
C
HAPTER V.
Valuation of suits.
53. Suits not otherwise provided for.
54. Procedure where objection is taken on appeal or revision that a
suit or appeal was not properly valued for jurisdic tional
purposes.
Sections
CHAPTER VI.
Probates, Letters of Administration and Certificates of
Administration.
55. Application for probate or letters of administration.
56. Levy of fee.
57. Grant of probate.
58. Relief in cases of several grants.
59. Inquiry by the Collector.
60. Application to Court and powers of Court.
61. Provision for cases where too low a fee has been paid.
62. Administrator to give proper security before letters stamped.
63. Relief when too high a fee has been paid.
64. Recovery of penalties, etc.
65. Powers of Board of Revenue.
C
HAPTER VII.
Refunds and Remissions.
66. Refund in cases of delay in presentation of plaint etc.
67. Refund in cases of remand.
68. Refund where Court reverses or modifies former decision on
ground of mistake.
69. Refund in cases of compromise or when suit is d ecided on the
admission of Parties.
69A. Refund of court fee in case where the dispute is settled under section
89 of the Code of Civil Procedure .
70. Refund of fee paid by mistake or inadvertence.
71. Instruments of partition.
72. Exemption of certain documents.
73. Special procedure regarding suits by societies registered under
the Societies Registration Act.
73A. Special provision regarding suits, appeals, revision etc. filed by
or on behalf of the Government before the Court.
74. Special provision regarding suits by registered trade union
member of Scheduled Castes, etc.
74A. Special provisions regarding certain appeals.
75. Power to reduce or remit fees.
Sections
C
HAPTER VIII.
Legal Benefit Fund.
76. Legal Benefit fund.
CHAPTER IX.
Miscellaneous
77. Collection of fees by stamps.
78. Stamps to be impressed or adhesive.
78A. Writing name or initials on or across the stamp.
79. Amended document.
80. Cancellation of stamp.
81. Deduction to be made.
82. Penalty.
83. Power of High Court to make rules.
84. Power of Board of Revenue to make rules.
85. Power of Government to make rules.
86. Continuance in force of existing rules.
87. Repeal.
SCHEDULE I
SCHEDULE II
SCHEDULE III
ACT 10 OF 1960*
THE KERALA COURT-FEES AND SUITS
VALUATION ACT, 1959.
AN
ACT
to amend and consolidate the law relating to court-fees and valuation of suits in the
State of Kerala.
WHEREAS it is necessary and expedient to amend and consolid ate the law relating to
court-fees and valuation of suits in the State of Kerala;
BE it enacted in the Tenth Year of the Republic of India as follows: —
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. —(1) This Act may be called the Kerala
Court-Fees and Suits Valuation Act, 1959.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force on such date as the Government may, by notification in the
Gazette, appoint.
2. Application of Act .— (1) The provisions of this Act shall not apply t o documents
presented or to be presented before an officer serving under the Central Government.
(2) Where any other law contains provisions relatin g to the levy of fee in respect of
proceedings under such other law, the provisions of this Act relating to the levy of fee in
respect of such proceedings shall apply subject to the said provisions of such other law.
3. Definitions .—In this Act, unless the context otherwise require s,—
(i) “appeal” includes a cross-objection;
(ii) “Court” means any Civil, Revenue, or Criminal Court and includes a Tribunal or
other authority having jurisdiction under any speci al or local law to decide questions
affecting the rights of parties;
(iii) “prescribed” means prescribed by rules made under this Act; and
(iv) expressions used and not defined in this Act or in the Interpretation and General
Clauses Act, 1125 (Act VII of 1125), but defined in the Code of Civil Procedure, 1908
(Central Act V of 1908) shall have the meanings re spectively assigned to them in the said
Code.
* Received the assent of the President on 27th July , 1960 and published in the Gazette
Extraordinary dated 30th July, 1960,
CHAPTER II
LIABILITY TO PAY FEE
4. Levy of f e e i n Courts and public offices .—No document which is chargeable with fee
under this Act shall—
(i) be filed, exhibited or recorded in, or be acted on or furnished by, any Court
including the High Court, or
(ii) be filed, exhibited or recorded in any public offic e or be acted on or furnished by
any public officer,
unless in respect of such document there be paid a fee of an amount not less than that indicated
as chargeable under this Act:
Provided that, whenever the filing or exhibition in a Criminal Court of a document in
respect of which the proper fee has not been paid i s in the opinion of the Court necessary to
prevent a failure of justice, nothing contained in this section shall be deemed to prohibit such
filing or exhibition.
1[4A. Levy of fee at the time of institution of suit .-Notwithstanding anything contained in any
other provisions of this Act, the amount of fee to be paid on plaint at the time of institution of
suit shall be one-tenth of the amount of fee charge able under this Act and the balance amount
shall be paid within such period, not later than fifteen days from the date of framing of issues or
where framing of issues is not necessary, within such period not exceeding fifteen days as may
be specified by the court:
Provided that the court may, for sufficient reasons to be recorded in writing, extend the
period up to thirty days:
Provided further that if the parties settle the dis pute within the period, specified or
extended by the court for the payment of the balanc e amount, the plaintiff shall not be called
upon to pay such balance.]
5. Fees on documents inadvertently received .—When a document on which the whole or any
part of the fee prescribed by this Act has not been paid is produced or has, through mistake or
inadvertence, been received in any Court or public office, the Court or the head of the office
may, in its or his discretion at any time, allow th e person by whom such fee is payable or any
interested party to pay the fee or part thereof as the case may be, within such time as may be
fixed; and upon such payment, the document shall have the same force and effect as if the full
fee had been paid in the first instance.
6. Multifarious suits .— (1) In any suit in which separate and distinct r eliefs are sought based
on the same cause of action, the plaint shall be chargeable with a fee on the aggregate value of
the reliefs:
Provided that, if a relief is sought only as ancillary to the main relief, the plaint shall be
chargeable, only on the value of the main relief.
(2) Where more reliefs than one based on the same c ause of action are sought in the
alternative in any suit, the plaint, shall be char geable with the highest of the fees leviable in
respect of any one of the reliefs.
(3) Where a suit embraces two or more distinct and different causes of action and
separate reliefs are sought based on them, either a lternatively or cumulatively, the plaint shall
be chargeable with the aggregate amount of the fees with which plaints would be chargeable
under this Act if separate suits were instituted in respect of the several causes of action:
1. Inserted by Act 6 of 1991.
Provided that, where the causes of action in respec t of reliefs claimed alternatively
against the same person arise out of the same trans action, the plaint shall be chargeable only
with the highest of the fees chargeable on them.
Nothing in the sub-section shall be deemed to affect any power conferred upon a Court
under rule 6 of Order II of the Code of Civil Procedure, 1908 (Central Act V of 1908).
(4) The provisions of this section shall apply mutatis mutandis to memoranda of
appeals, applications, petitions and written statements.
Explanation. —For the purpose of this section, a suit for posses sion of immovable
property and for mesne profits shall be deemed to be based on the same cause of action.
7. Determination of market value. — (1) Save as otherwise provided, where the fee pay able
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 yieldin g 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 tim es 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 i t 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 inte rest in such properly as the net income
derived by the owner of the restricted or fractiona l interest bears to the total net income from
the property.
8. Set off or counter claim. —A written statement pleading a set off or counter claim shall be
chargeable with fee in the same manner as a plaint.
9. Documents falling under two or more descriptions .—Subject to the provisions of the last
preceding section, a document falling within two or more descriptions in this Act shall, where
the fees chargeable thereunder are different, be chargeable only with the highest of such fees:
Provided that, where one of such descriptions is sp ecial and another general, the fee
chargeable shall be the fee appropriate to the special description.
CHAPTER III
DETERMINATION OF FEE
10 . Statement of particulars of subject-matter of sui t and plaintiff’s valuation thereof. —In
every suit in which the fee payable under this Act on the plaint depends on the market value of
the subject-matter of the suit, the plaintiff shall file with the plaint, a statement in the prescribed
form, of particulars of the subject-matter of the s uit and his valuation thereof unless such
particulars and the valuation are contained in the plaint.
1. Substituted by Act 6 of 1991.
2. Inserted by Act 6 of 1991.
11 . Decision as to proper fee in the High Court. —Where, in a suit instituted in the High
Court, in which a fee is payable under this Act, any difference arises between the officer whose
duty it is to see that proper fee is paid and any p arty as to the necessity of paying a fee or the
amount thereof, the question shall be referred to the Taxing Officer who shall decide the same:
Provided that, if in the opinion of the Taxing Offi cer, the question is one of general
importance, he may refer it to the Chief Justice of the High Court or such Judge or Judges of the
High Court as the Chief Justice shall appoint, either generally or specially in this behalf:
Provided further that, when the case comes up for d isposal before the Court, the
decision of the Taxing Officer may be reviewed by the Court.
12 . Decision as to proper fee in other Courts. — (1) In every suit instituted in any Court other
than the High Court, the Court shall before orderin g the plaint to be registered, decide on the
materials and allegations contained in the plaint a nd on the materials contained in the
statement, if any, filed under section 10, the prop er fee payable thereon, the decision being
however subject to review, further review and corre ction in the manner specified in the
succeeding sub-sections.
(2) Any defendant may, by his written statement fil ed before the first hearing of the suit
or before evidence is recorded on the merits of the claim but, subject to the next succeeding
sub-section, not later, plead that the subject-matter of the suit has not been properly valued or
that the fee paid is not sufficient. All questions arising on such pleas shall be heard and decided
before evidence is recorded affecting such defendan t, on the merits of the claim. If the Court
decides that the subject-matter of the suit has not been properly valued or that the fee paid is not
sufficient, the Court shall fix a date before which the plaint shall be amended in accordance
with the Court’s decision and the deficit fee shall be paid. If the plaint be not amended or if the
deficit fee be not paid within the time allowed, th e plaint shall be rejected and the Court shall
pass such order as it deems just regarding costs of the suit.
(3) A defendant added after issues have been frame d on the merits of the claim may, if
the court so permits, plead that the subject-matter of the suit has not been properly valued or
that the fee paid is not sufficient. All questions arising on such pleas shall be heard and decided
before evidence is recorded affecting such defendan t, on the merits of the claim, and if the
Court finds that the subject-matter of the suit has not been properly valued or that the fee paid is
not sufficient, the Court shall follow the procedure laid down in sub-section (2).
Explanation .—Nothing in this sub-section shall apply to a defe ndant added as a
successor or a representative in interest of a def endant who was on record before issues were
framed on the merits of the claim and who had an op portunity to file a written statement
pleading that the subject-matter of the suit was not properly valued or that the fee paid was not
sufficient.
(4) (a) Whenever a case comes up before a Court of App eal it shall be lawful for the
Court, either of its own motion or on the applicati on of any of the parties, to consider the
correctness of any order passed by the lower Court affecting the fee payable on the plaint or in
any other proceeding in the lower Court and determine the proper fee payable thereon.
Explanation .—A case shall be deemed to come before a Court of Appeal even if the
appeal relates only to a part of the subject-matter of the suit.
(b) If the Court of Appeal decides that the fee pai d in the lower Court is not
sufficient, the Court shall require the party liable to pay the deficit fee within such time as may
be fixed by it.
(c) If the deficit fee is not paid within the time fixed and the default is in respect of
a relief which has been dismissed by the lower Court and which the appellant seeks in appeal,
the appeal shall be dismissed, but if the default is in respect of a relief which has been decreed
by the lower Court, the deficit fee shall be recoverable as if it were an arrear of land revenue.
(d) If the fee paid in the lower Court is in excess, the Court shall direct the refund of
the excess to the party who is entitled to it.
(5) All questions as to value for the purpose of de termining the jurisdiction of courts
arising on the written statement of a defendant sh all be heard and decided before evidence is
recorded affecting such defendant, on the merits of the claim.
Explanation .—In this section, the expression “merits of the cl aim” refers to matters
which arise for determination in the suit, not being matters relating to the frame of the suit, mis-
joinder of parties and causes of action, the jurisdiction of the Court to entertain or try the suit or
the fee payable but inclusive of matters arising on pleas of res judicata, limitation and the like.
13 . Additional fee on issues framed .—Where a party becomes liable to pay additional fe e by
reason of an issue framed in the suit, the provisions of the last foregoing section shall apply to
the determination and levy of such additional fee s ubject to the modification that where the
party liable does not pay such additional fee within the time allowed, the Court shall strike off
the issue and proceed to hear and decide the other issues in the case.
14 . Relinquishment of portion of claim. —A plaintiff who has been called upon to pay
additional fee may relinquish a part of his claim a nd apply to have the plaint amended so that
the fee paid would be adequate for the claim made i n the plaint as amended. The Court shall
allow such application on such terms as it consider s just and shall proceed to hear and decide
the claim made in the plaint as amended, provided that the plaintiff shall not be permitted at any
later stage of the suit to add to the claim the part so relinquished.
15. Fee payable on written statements- —Where fee is payable under this Act on a written
statement filed by a defendant, the provisions of section 12 shall apply to the determination and
levy of the fee payable on such written statement, the defendant concerned being regarded for
the said purpose as the plaintiff and the plaintiff or the co-defendant or the third party against
whom the claim is made being regarded as the defendant.
16. Fee payable on appeals etc. —The provisions of sections 10 to 14 relating to th e
determination and levy of fee on plaints in suits s hall apply mutatis mutandis to the
determination and levy of fee in respect of a memor andum of appeal, cross-objection or other
proceeding in second appeal or in an appeal under s ection 5 of the Kerala High Court Act,
1958.
17. Fee payable on petitions, applications, etc. —The provisions of sections 10 to 14 shall
apply mutatis mutandis to the determination and levy of fee in respect of petitions, applications
and other proceedings in Courts in the same way as they apply to the determination and levy of
fee on plaints in suits.
18. Court-fee Examiners. —(1) The High Court may depute officers to be desig nated
Court-fee Examiners to inspect the records of subor dinate Courts with a view to examine the
correctness of representations made to, and orders passed by, Courts on questions relating to
valuation of subject-matter and sufficiency of fee in respect of proceedings in such Courts and
the Government shall, from time to time, fix the number of officers who may be so deputed to
inspect the records.
(2) Questions raised in reports submitted by such Court- fee Examiners and relating to
any suit, appeal or other proceeding pending in a C ourt shall be heard and decided by such
Court; and for the avoidance of doubt it is hereby declared that in hearing and deciding a
question raised in any such report, it shall be lawful for the Court to review an earlier decision
given by the Court on the same question.
19. Inquiry and commission. —For the purpose of deciding whether the subject-ma tter of a
suit or other proceeding has been properly valued o r whether the fee paid is sufficient, the
Court may hold such inquiry as it considers proper and may, if it thinks fit, issue a commission
to any proper person directing him to make such local or other investigation as may be neces-
sary and to report thereon to the Court and the Court may pass appropriate orders as to costs.
20 . Notice to Government. —In any inquiry relating to the fee payable on a pl aint, written
statement, petition, memorandum of appeal or other document, or to the valuation of the
subject-matter of the claim to which the plaint, wr itten statement, petition, memorandum of
appeal or other document relates, in so far as such valuation affects the fee payable, the Court
may, if it considers it just or necessary to do so, give notice to the Government or to such
officer as may be prescribed by the Government; and where such notice is given, the
Government shall be deemed to be a party to the sui t or other proceeding as respects the
determination of the question or questions aforesaid; and the Court’s decision on such question
or questions shall, when it passes a decree or final order in such suit or proceeding, be deemed
to form part of such decree or final order.
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 s ums 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 les s than five years, the fee shall be
computed on the aggregate of the sums payable:
Provided further that, a suit for enhancement of ma intenance shall be instituted in a
court which will have jurisdiction to receive a sui t 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 doc uments 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 th e 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 o r the issue framed relates only to a
portion of the amount or property, fee shall be com puted 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 wher e the plaintiff’s title to the
money or the property secured by the document is no t 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 docume nt which purports
or operates to create, declare, assign, limit or ex tinguish, 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 a nd court fee paid
on that basis, no additional court fee shall be lev iable 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 m arket 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 thin g 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 ca pable of valuation’ fee shall be
computed on the amount at which the relief sought i s 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 vali dity 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.]
1. Substituted by Act 6 of 1991.
2. Substituted by Act 6 of 1991.
3. Substituted by Act 6 of 1991.
4. Substituted by Act 6 of 1991.
5. Substituted by Act 6 of 1991.
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 thin g 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 t rust
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 m arket 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 compris ed 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 va lue 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 i n 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:
1. Substituted by Act 6 of 1991.
2. Substituted by Act 6 of 1991.
3. Substituted by Act 6 of 1991.
4. Added by Act 6 of 1991.
5. Substituted by Act 6 of 1991.
6. Substituted by Act 6 of 1991.
Provided that, where compensation is claimed beside s 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, f ee
shall be computed on the amount claimed.
Explanation .—It is immaterial that sale of the mortgaged prope rty is not prayed for.
(2) Where, in such a suit, the holder of a prior mortga ge 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 so ld and the holder of a prior or
subsequent mortgage or charge applies for payment t o him, out of the sale proceeds, of the
amount due on his mortgage or charge, such holder o f 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 a ny 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 hims elf and other co-mortgagees, fee
shall be computed on the amount claimed on the entire mortgage:
Provided that, where a co-mortgagee impleaded as de fendant 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 defendan t’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 amo unt claimed on the sub-mortgage
by sale of the mortgagee’s interest in the mortgage d 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-sectio n (4) shall apply mulatis mutandis to the
written statement of such mortgager.
(8) In a suit against a mortgagee for redemption of a m ortgage, 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 usufructuar y or anomalous mortgage, if the
plaintiff prays for redemption as well as for accou nts 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 absolut e, 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 sha ll 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 ar rears 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 wou ld 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 ascert ained in the suit is in excess of
the amount as estimated in the plaint, no decree di recting payment of the amount as so
ascertained shall be passed until the difference be tween 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, f ee shall be computed on the value of the
plaintiff’s share in the partnership as estimated by the plaintiff.
1. Substituted by Act 6 of 1991.
(2) If the value of the plaintiff’s share as ascertaine d 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 o ut 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 possess ion 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
District Court
Rupees three hundred].
(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 t he 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 be en 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 40,
separate fee shall be payable on the relief of cancellation in the manner specified in that section.
38. Suits for joint possession.— In a suit for joint possession of joint family prop erty 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 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 th e market value of such share or part of the
assets exceeds the fee paid on the plaint, no payme nt 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 fe e computed on the amount or value of the
property is paid.
(3) No payment shall be made no decree directing pa yment 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.
1. Substituted by Act 6 of 1991.
2. Substituted by Act 6 of 1991,
(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 f ee, 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 doc ument which purports or (operates to
create, declare, assign, limit or extinguish, wheth er in present or in future, any right, title or
interest in money, movable or immovable property, f ee 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 li ability 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.
41. Suits to set aside attachment, e t c — (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 passe d 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 decisi on 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 o r
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 amoExcerpt shown. Open the full act in Lexace.