The Bombay Court Fees ACT, 1959 - District Courts, Maharashtra

forownershipetc. ofimmoveable propertyetc.(d) 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 ofany former Indian State or public trust property or property of any class orcommunity-one-fourth ad valorem fee leviable for a suit for possession onthe basis of title of the subject-matter, subject to a minimum fee of 1 [ onehundred rupees ]:Provided that, if the question is of attachment with or without sale theamount of fee shall be the ad valorem fee according to the value of theproperty sought to be protected from attachment with or without sale or thefee 2 [ Sixty Rupees ]. whichever is less :Provided further that, where the defendant is or class under or through alimited owner, the amount of fee shall be 3 [one-third]of such ad valoremfee, subject to the minimum fee specified above :1 These words were substituted for the words "Forty Rupees" by Mah.. 18 of 2002, s. 2(a)(2)(i).2 These words were substituted for the words " Thirty Rupees" ibid., s.2 (a)(2)(ii)3. These words were substituted for the words " One-sixth " by Mah. 23 of 1996, s.2(b)(ii)Provided also that , in any of the cases falling under this clause exceptits first proviso, when in addition any consequential relief other thanpossession is sought the amount of fee shall be one-half of ad valorem feeand when the consequential relief also sought include a relief for possessionthe amount of fee shall be the full ad valorem fee ;(e) In suits for declaration of easement or right to benefits arising out ofimmoveable property, with or without an injunction or other consequentialrelief, the amount of fee shall be as shown in the Table below : -1 T A B L Edeclaration foreasements etc.Bom.LIX of1949.Area(1)(a) The area within the limits of the MunicipalCorporation of Brihan Mumbai or theCorporation of the City of the Nagpur or anyMunicipal Corporation constituted under theBombay Provisicial Municipal CorporationsAct, 1949.Fee(2)one-fourth of thead valorem feeleviablefor a suit forpossession of theservient tenamentor the dominanttenement,whichever is less,subject to aminimum fee of onehundred rupees.Mah. XL of1965(b) Areas within the limits of Municipal Councilsconstituted under the Maharashtra Municipal Councils,Nagar Panchayats and Industrial Townships Act, 1965.one-sixth of the advalorem feeleviable for a suitfor possession ofthe servienttenement,or thedominant tenement,whichever is less,subject to aminimum fee of onehundred rupees.( c ) Any other area in the State of Maharashtra . One hundredrupees". ]