Amendment status not verified — confirm the current text below against the official source.
The amount of fee payable under this Act in the suits next hereinafter mentioned shall be computed as follows:— Compulation of fees payable in (i) Jn suits for money including suits for damages or compensation, or ue . we curtain suits, arrears of maintenance, of annuities, or of other sums payable fo; money; periodically-—according lo the amount claimed: ‘Provided lhaino fee shall be payable in suits for damages for defamation; ‘Proviso was inserted by s. 2 of the West Bengal Court-fees (Amendment) Acl, 1974 (West Ben. Acl XLII of 1974), 248 [West Ben. Act ; (ii) Tor mainte- nance and annul tie.’;; (iii) for movable prapeny having a market value: + (iv) for movable property of no market value; for declaratory decree an J consequen- tial relief; Tor injunction; Tor else me nt; for accounts: The West Bengal Court-fees Act, 1970. (Chapter II.—Computation of fees —Section 7.) 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 len limes the amount claimed lo be payable for one year: Provided that in suiis by widows for maintenance such value shall be deemed lo be the amount claimed lo be payable for one year; In suits for movable property other than money, where the subject-mailer has a market value—according to such value al the date of presenting the plaint; In suits— (a) for movable property where the subject-matter has no market value, as for instance, in the case of documents relating lo title, (b) to obtain a declaratory decree or order, where consequential relief is prayed, (c) to obtain an injunction, . (d) for a right to some benefit (not herein otherwise provided for) lo arise out of land, and (e) for accounts— according to the amount al which the relicT sought is valued in ihe plaini or memorandum of appeal subject lo ihe provisions of section 11. In all such suits the plaintiff shall slate the amount at which he values ihe relief sought. (v) In suits for the possession of land, buildings or gardens, not being suits for possession of land, buildings or gardens: referred to in clausc (vi)— (a) according lo Ihe value of the subject-matter, and such value shall be deemed lo be fifteen limes ihe net profits which have arisen from the land, building or garden during ihe year next before the date of presenting ihe plaint, or if the Court sees reason lo think that such profits have been wrongly estimated, fifteen times such amount as ihe Courl may assess as such profits or according to the market- value of the land, building or garden, whichever is lower; (b) if, in ihe opinion of the Court, such profits are not readily ascertainable or assessable, or where (here are no such profits, according to ihe market-value of the land, building or garden; X of 1970.] The Wesf Bengal Court-fees Act, 1970. 249 (Chapter HI—Computation of fees.—Section 7. } Explanation.—In this paragraph "building" includes a house, out- house, stable, privy, urinal, shed, hui, wall and any olhersuch structure, whether of masonry, bricks, wood, mud, metal or any other material whatsoever; (vi) In a suit for recovery of possession of immovable property from— (a) a irespasser, where no declaration of title to property is either prayed for or necessary for disposal of the suit—according to the amount al which Ihe relief sought is valued in the plaint subject to the provisions of section IT; (b) a licensee upon revocation or termination of his license,— (i) where a license fee is payable by (he licensee in respect of the immovable property to which the suit refers—according to the amount of the license fee of the immovable property payable for ihe year next before the date of presenting the plaint, or (iit) where no such license fee is payable by the licensee— according to the amount at which the relief sought is valued on Lhe plaint subject to the provisions of section 11; (vii) In suits to enforce a right of pre-emption—according to lhe market- value of Ihe land, building or garden in respect of which the right is claimed; Explanation.—In this paragraph "building" has the same meaning as in paragraph (v); (viii) 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 coparcener or co-owner— according to the market-value of Ihe share in respect of which lhe suit is instituted; (ix) In suits for lhe interest of an assignee of land-revenue— fifteen times his net profits as such for the year next before lhe dale of presenting the plaint; (x) In suits lo sel aside an attachment of land or of an interest in land or revenue—according to lhe amount For which the land or interest was attached; Tor recovery of possession of immovable property; to enforce a tight of pre- empt ion; Tor pa nil ion and separate possession of a share of joinl family properly, etc.; for interest of assignee of land- revenue; (o sel aside an attachment; 250 [West Ben. Act Lo redeem; to foreclose; for specific mancc: between landlord and tenant: Fes on The West Bengal Court-fees Act, 1970. C Chapter 111 —Computation of fees.—Section S.) 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; (xi) In suits against a mortgagee for (he recovery of the property mortgaged, and in suits by a mortgagee 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; (xii) In suits for specific performance— (a) of a contract of sale—according (o the amount of the consideration, (b) of a contract of mortgage—according to the amount agreed 10 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; (xiii) In the following suits between landlord and tenant— (a) for the delivery bya tenant of Ihe 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 Ihe recovery of immovable 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 immovable 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 or the immovable property to which the suit refers, payable for the year next before the date of presenting the plaint.