court fee
vinod bansal
(Querist) 18 May 2010
This query is : Resolved
R/Members
I had filed a civil suit on behalf of tenant i.e. my client against landlord for permanent injuction restraining landlord not to dispossess me forcibly,lower court ordered status quo,thereafter landlord moved before district judge in appeal and stay was vacated in first appeal,i filed RSA before highcourt but during the pendency(as case was filed but was at initial stage and there no order was passed by highcourt) landlord forcibly dispossed me,my RSA was dismissed as it became infructuos,i filed amendment application which was allowed by the court,in this amendment application i prayer for possession of the disputed premises in view of subsequent event and forcibly dispossesion,now landlord has filed an application for rejection of plaint on the ground that now suit is amended and prayer is for possession thus plaintiff (tenant)have to paid court fee on the market value of disputed property i.e. more than one crore Rs...Kindly enlighten me on this issue,my client is not in position to pay Rs. 2,50000/- as court fee,kindly help as arguments is fixed for 23-05-10.Thanx
Raj Kumar Makkad
(Expert) 18 May 2010
No court fee is required as there is a specific provision where the tenant is forcibly dispossessed from the tenated oproperty during the trial of the case, he can move before the court for restoration of earlier position as it was at the time of filing the suit. So your application falls in that category and no court fee as required in suit for possession is required to be paid as illegally objected by landlord. Move this application as I suggested. Your possession shall be got delivered through beliff of the court.
G. ARAVINTHAN
(Expert) 19 May 2010
Just pay minimum Court Fee as the suit is for Injunction alone and not for declaration
Virender Pankaj
(Expert) 19 May 2010
The tenant is liable to pay court fee on the suit for possession filed by him against the landlord as per The Court Fee Act.
Sec 7 (xi) between landlord and tenant.—In the following suit between landlord and tenant ;-
To recover the occupancy of immovable property from which a tenant has been illegally ejected by the landlord,
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.
