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

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

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

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for share injointpropertyfor interestof assigneeof landrevenue(vii) In suit for partition and separate possession of a share of joint familyproperty or of joint property, or to enforce a right to a share in any propertyon the ground that it is joint family property or joint property whether or notthe plaintiff is in actual or constructive possession of the property of whichhe claims to be a co-parcener or co-owner-according to the value of theshare in respect of which the suit is instituted;Explanation :- For the purposes of this paragraph, if the property in which ashare is claimed consists of or includes any land assessed to land revenue forthe purpose of agriculture, the value of such land shall be deemed to be thevalue as determined under paragraph (v) of this section;(viii) In suits for the interest of an assignee of land-revenue, 7 [fiftytimes]his net profits as such for the year next before the date of presentingthe plaint;1. <strong>The</strong>se words were substituted for the words " one fourth" by Mah.23 of 1996, s. 2 (1)(e)and (f)2. <strong>The</strong>se words were substituted for the words " Forty rupees" by Mah.18 of 2002, s. 2 (5).3. <strong>The</strong>se words were substituted for the words " Thirty rupees" by Mah.9 of 1970, s. 4(b).4. <strong>The</strong>se words were substituted for the words " one fourth" by Mah.23 of 1996, s. 2 (1)(e)and (f)s. 2 (6).5. <strong>The</strong>se words were substituted for the words "twenty times" ibid., s.2 (6) (b) (1)6. <strong>The</strong>se words were substituted for the words "forty times" ibid., s.2 (6) (b) (2)7. <strong>The</strong>se words were substituted for the words "thirty times" ibid., s.2 (6) (c) .(ix) In suit to set aside an attachment of land or of an interest in landor revenue – according to the amount for which the land or interest wasattached :Provided that, where such amount exceeds the value of land or interestthe amount of fee shall be computed as if the suit were for the possession ofsuch land or interest ;(x) In suits against a mortgagee for the recovery of the property mortgaged,and in suits by a mortgagee to foreclose the mortgage,or, when the mortgage is made by conditional sale, to have the sale declaredabsolute.according to the principle money expressed to be secured by theinstrument of mortgage;(xi) 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 besecured,( c ) of a contract of lease-- according to the aggregate amount of the fineor premium (if any) and of the rent agreed to be paid during the first year ofthe term. ,(d) of an award— according to the amount or value of the property indispute;(xii) 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 atenant 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 tenanthas been illegally ejected by the landlord, and(g) for abatement of rent ----according to the amount of the rent of the immovable propert towhich the suit refers, payable for the year next be fore the date of presentingthe plaint.7. (1) <strong>The</strong> amount of fee payable under this Act on a memorandum ofappeal against and order relating to compensation under any Act for thetime being in force for the acquisition of land for public, purposes shall becomputed according to the difference between the amount awarded and theamount claimed by the Appellant.to set aside anattachment.to redeem.to foreclose.for specificperformance.between landlordand tenant.Fee onmemorandum ofappeal againstorder or award.

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