Professor

Sir Muhammad Hamza Hashmi

Subject

Minor act

Student

Zenab Tayyab

Roil no

BL5F17M86

SECTION B -------------SESSION 17-22

SEMESTER

7TH
 ANALYSIS OF section 7 of court fee act 1870

‘’Computation of fees payable in certain suits ‘’

SYNOPSIS

1. GENERAL STATEMNT
2. LEGAL TERMINOLOGIES OF SECTION 7
3. SUITS AND THEIR COURT FEE VALUE
[ALONGWITH WITH ILLUSTRATION]
4. General statement.
That section deals with the method of the computation of court fee value for certain suits
5. Legal terminologies of section 7.
1. Annuities.
Annuities refer to those contracts where the person paid certain money in lump sum and in
parts in order to receive payment in future on the base of deposit money.
Example
1. Pension
2. Insurance etc. . . .

2. Maintenance

Maintenance is the financial support which is provided by the one person to other for living expenses.

 Court fee value for suit of maintenance varies according to court.

1. In family suit.
In family court when the suit of maintenance is filled then the court fee value is 15 RS and
that value is prescribed court fee abolition 1983 ordinance.
2. Civil suit.
In civil court when the suit of maintenance is filled then the court fee value is determined
according to the prescribed rules of court fee act.
3. No – market value.
Means the subject matter which is not available in market on some sale and purchase price.
Example.
Your personal documents include your
1. Degree
2. Certificates
3. Id card
4. Passport etc.

4. Joint family property.

Refer to the property which is jointly owned by more than one owner.

5. Consequential relief.
 Refer to the relief which is attached with the main relief.
6. Injunction.
‘’ That is the judicial order by which the court prohibit the party to restrain the action
which violate the right of other party /plaintiff ‘’
 That is the court discretion base remedy.
7. Easement.
That is the right of enjoyment which is attach to the person own property or the
property of the other
Note –refer as non –possessory right because to attach the property of other.
8. Revenue.
That is the income or profit which is generating from the property.
9. Pre-emption.
That is the special right of pre-emptor on the property of the real owner
 That right is demand on 3 grounds
1. if both are co-owner of property
2. if both are participant in appendages /easement
3. And if pre-emptor is the owner of adjoin property.
10. assignee
Assignee is the person to whom the real owner of the property assigns /alienates his
some legal rights and liabilities attach to his property.
 Under this act the assignee is the person to whom the real owner delegates his right to receive
the revenue from owner property.
11. Attachment.
That is the situation where the property of the owner attach on the grounds of some
default payment/debt by court

12. Redeem.
‘’ That is the right of mortgagor which he exercised against the mortgagee in order to
recover the mortgaged property by the payment of mortgaged debt to mortgagee ‘’
13. Foreclose.
That is the right of mortgagee which is exercised against the mortgagor in order to
obtain the decree from court for the sale of mortgaged property on the ground of
default of payment of mortgagor debt from mortgagor side.
Note –the right to foreclose of mortgaged property is only exercised by the.
1. mortgagee of conditional sale mortgage
2. Mortgagee of anomalous mortgage which nature is similar to conditional sale
mortgage.
14. Principle money.
That is the amount which the mortgagor receives from the mortgagee as debt by
mortgages his property to him in security.
15. Mortgaged money.
 That is the sum of principle money and interest.
16. Award.
‘’The decision of arbitration is referred as award ‘’
17. Counterpart.
That is the two corresponding copies of a same legal instrument
18. Counter part of lease.
That is the rent deed which is sign between the landlord and the tenant
19. Contract of lease.
Under this contract the lessee is agree to pay rent to lessor for to use of lessor property.
20. Specific performance.
‘’ That is the order of the court to one party to specifically perform his contractual
obligations in response of the part of contract which is performed by the other party of
contract ‘’
 that is equitable and discretional remedy
 And grant on the discretion of court to provide adequate relief to aggrieved party which can be
overcome just by specific performance, money compensation are not sufficient relief here.
21. Estate.
Under this section the estate is the piece of land on which the govt obtain tax on yearly
basis.
22. Produce index units.
‘’That is the measurement of productivity level of an acre, land or other things similar to
it in order to calculate how much revenue generate from here ‘’
 That measurement is notified by the government.
 And the value /range of unit vary from land to land on the basis of its
production and resources near to this land e.g., water etc. . . .
3. Different nature of suits and facts on which there court fee value determined.

Suits Facts and formulas on which Illustration

1. Suit for money.
the court fee value for the suits
of
1. money
2. damages and
compensation
3. arrears of maintenance
4. arrears of annuities
5. or the other sums which
are payable periodically
note –periodically meaning the sum
/money pay on weekly ,monthly or
yearly basis e.g. ,insurance
court fee is compute
Is compute according to the
amount claimed in these suits?
Mr. Qasim file a suit of
damages against his partner
to recover his loss which
occur due to his partner
negligence ,and claimed
1, 00,000 RS so C.F WOULD
be.
7.5*1,00,000 /100=7500 RS
C.F
 2. For maintenance and
annuities.
The court fee value for the
suits of
1. Maintenance
2. Annuities
3. Or other sums payable
periodically
3. for moveable property having
market value.
The court fee value of the movable
property which have some market
value.
---------------------------------------------
Note –here in movable property the
money is not include
Logic –because money has already
some monetary value and its court fee
value is determined on how much
amount claimed
4. For moveable property
having no market value.
The court fee value of the moveable
property having no market value
5. To enforce a right to share
in joint family property.
When the suit is filed for
Is compute according to the
value of the subject matter of
the suit?
And here the value of subject
matter is determined by
multiplication of amount
claimed which is payable for 1
year to 10 times.
Formula -10 *annuities or
maintenance of 1 year.
Is compute according to the
market value of the subject
matter /movable property
,moreover here the market
value of the subject matter is
count which one ,which was
the price /market value of that
moveable property when the
plaint was presented/suit file
Is compute according to
amount of relief which plaintiff
claimed in his plaint
Is compute according to
amount of relief which plaintiff
claimed in his plaint
Rukhsana bibi file the suit of
maintenance against his son
Mr. .Jamal, the monthly
maintenance value of
rukhsana bibi was 10,000
RS.
 Value of subject
matter
Monthly maintenance
=10,000 RS
Whole year maintenance
=12*10,000=120,000 RS
10*120,000=1200000 RS
So court fee is 15,000 RS
because the value of
subject matter is above to
25,000 RS.
Illustration.
Mr. ijaz file the suit of the
recovery of the possession
of his 10 Marla house ,the
market value of 1 Marla is
20,000 RS
 Market value of
subject matter
Price of 1 Marla =20,000 RS
Price of 10 Marla
=10*20,000=2,00,000 RS –
So the court fee is 15,000
RS
Illustration.
Chef asma file the suit for
the recovery of her recipe
book of traditional foods
which her grandmother
especially made for her and
not available in market on
market price and claimed
150,000 RS.
So the court fee would be
7.5*150,000 RS/100=11250
RS
Illustration
Mr. Tariq file the suit of
partition in order to obtain
 the joint family property in
order to obtain your share
in joint family property
then the court fee value
6. For a declaratory decree
and consequential relief.
When the suit is filled to obtain the
declaratory decree and consequential
relief which get as the result when
declaratory decree granted then the
court fee is
7. For an injunction.
When the suit is filled to obtain
injunction the court fee
8. For easement.
When the suit is filled for the
allotment of the some benefit
or right which is attach to
land
9. For accounts.
The court fee value of such
suit is.
Is compute according to
amount of relief which plaintiff
claimed in his plaint
Is compute according to
amount of relief which plaintiff
claimed in his plaint
Is compute according to
amount of relief which plaintiff
claimed in his plaint
Is compute according to
amount of relief which plaintiff
claimed in his plaint
his share worth about
25,000,00 RS in joint family
property
So the court fee is 15,000
RS
Illustration
Mr. Numan file the suit to
obtain declaratory decree
in order to obtain his share
worth about 20,000,00 RS
in his father property
Here main relief
=declaratory decree
Consequential relief =share
in father property
So the court fee is 15,000
RS
Dr .Mujtaba file a suit to
obtain injunction to
prohibit the construction of
factory on the same road
where his clinic exist
because this construction
would affect Dr.mujaba
income and his monthly
income is above to 2 lac
So the court fee is 15,000
RS
Illustration
Mr. ahmed file the suit to
prohibit his neighbor to
construct the wall in front
of mr ahmed home garden
because that construction
would adverse effect on
garden ,that construction
restrain the sunlight on
which both Mr. Ahmed and
his neighbor right so he
claimed Rs 50,000
The court fee is
7.5*50,000/100=3750 RS.
Illustration
Mr. ahmed and Mr. Anwar
was partner but their
partnership end and at the
time of end the total

10. To set aside an
attachment.
When the suit is filled to
set aside the attachment of
1. Land
2. Or the interest and
revenue in land
Then the court fee is
 Exception.
But if the value of attachment
is greater than the actual price
of property then the court fee
is compute according to the
actual price of property.
 Illustration.
Let’s suppose A property is attach for
due payment of 5 lac but the actual
price of property is 1 lac so now the
court fee is compute on 1 lac instead of
5 lac
11. Suit for redeem.
When the mortgagor file the
suit of redemption of
mortgaged property against
the mortgage then the court
fee value is
12. Suit for foreclose.
When the mortgagee file the
suit against the mortgagor to
sale the mortgaged property
then the court fee value is
13. Suit of Specific
performance for different
contracts
1, In contract of sale.
When the suit is filled for the
Is Compute on the base of the
amount for which your land or
interest in land is attached.
Compute according to the
amount of principle money
which is mentioned in
mortgagee instrument
/mortgage deed.
Compute according to the
amount of principle money
which is mentioned in
mortgage instrument
/mortgage deed
Is compute according to the
account value is 20,000,00
RS so he claimed his share
of 10,000,00 RS
So the court fee is 15,000
RS
Illustration.
Mr. Akbar take loan of
about 25,000,00 RS on his
house from bank and out of
which he paid 15,000,00 RS
but still the payment of 10
lac is due /default so court
attach Mr. Akbar house and
he file suit for set aside
attachment of his house
then .
The court fee on 10 lac is
15,000 RS
Illustration.
Mr. arcane file the suit of
redemption /the principle
money is 25,000 RS
So here ,in that case no
court fee
Illustration
Mr. waqar file the suit of
foreclose /the principle
money is 25,000 RS
So here ,in that case no
court fee
Illustration -1st
 specific performance of the
contract of sale then the court
fee value.
2. In Contract of mortgage.
When the suit is filled for the
specific performance of the
contract of mortgage then the
court fee is
----------------------------------------------------
3. In contract of lease
When the suit of
specific performance is
filled in contract of leas
then the court fee is
-------------------------------------------------
4. Award.
When the suit if filed
against the award then
the court fee is
amount of consideration of
contract?
Is compute according to the
amount on which both
mortgagor and mortgagee
agreed to be secured
/mortgaged money
Mortgage money =principle
amount +interest
-------------------------------------
Is compute according to the
amount of rent which agreed
to be paid during the 1st year
of term and also add the fine
or premium to compute court
fee if any present.
 Formula
Sum of fine and premium and
the amount of 1st year rent
------------------------------------------
Is compute according to
amount on which the claimant
has a dispute
Mr. Akbar files the suit of
specific performance of the
contract of sale of carpets
delivery against the seller
/the consideration is 50,000
RS.
So the court fee is
7.5*50,000/100=3750 RS
Illustration 2nd
Mortgagor filed the suit
against the mortgagee of
specific performance /the
mortgaged money is 1 lac
So the court fee is 15,000
RS
-----------------------------------
Illustration 3rd.
Mr. Iran file the suit of
specific performance
contract of lease and here
no fine is present and the
value of rent of 1st year is 2
lac so court fee is 15,000 RS
-------------------------------------
Illustration 4th
Mr. aslam has awarded an
amount of 50 lac for his
property but he want 75 lac
for it so here the dispute
amount is 25 lac so the
court
On 25 lac is 15,000 RS
 14. Suit for the interest of Let’s suppose Mr. Anwar as
assignee in land assignee filed suit for land
revenue. Is compute by the revenue and his net profit
multiplication of the previous value of previous year was 12
When the assignee filled the suit year net profit of assignee with lac so court fee would be
for his interest in land revenue 15 15,000 RS
then court fee is  Formula
15*previous year net
profit of assignee
 And here the previous
year is count from the
date when he present
the plaint
15. Suit between the land Let suppose Mr. ahmed as
lord and tenant. tenant filed the suit of
There may be the abetment of rent of house and
following suits between his monthly rent is 30,000 RS
the landlord and the Is compute according to the So the court fee would be
tenant. amount of rent which is Monthly rent =30,000 RS
Examples previously year paid before the Annual rent
1. The tenant files the date of presenting the plaint =30,000*12=360,000 RS
suit for the delivery of SO court fee is 15,000 RS
counter part of lease
against the landlord.
2. If the landlord
enhance the rent of
tenant even he has
right of occupancy
3. The landlord filed the
suit against the tenant
for lease
4. The tenant contest
/challenge the notice
of ejectment
5. If suit is filed by tenant
for abetment of rent
6. The landlord filed suit
of recovery of
immovable property
 from the tenant who
holding over the
property even after
the
end/determination of
tenancy.
7. The tenant filed the
suit against the
landlord to recover his
right of occupancy if
he is illegality ejected
by landlord
Then in all above
mentioned suits the
court fee value
16. Suit for to enforce the And The court fee value of the Illustration.
right of pre-emption. suit of pre-emption is compute 1. A suit of pre-emption
The suit of pre- according to the value of is filled for a garden
emption can be filed subject matter. which market value is
for And here the subject matter 10 lac so court fee is
1. Land include 15,000 RS
2. House 1. Land 2. A Suit of pre-emption
3. Garden 2. Garden and house is filled for a land
But not for private garden  Determination of which has 1000 PIU
subject matter value of and the value of 1 unit
garden and house is 500 RS so court fee
The subject matter would be
value of garden and Total units =1000
house is based on their Price of 1 unit =500 RS
market value So Price of 1000 units
 Subject matter value of is
land. 1000*500=500000 RS
The subject matter So court fee is
value of land is get by 15,000 RS
multiplication of
produce index units of
land with money /value
of unit
Formula
Amount /number of
produce index units
*money /price of units

17. For suits which are Is compute according to the

not expressly value which is claimed in these
mentioned in that suits?
section. But here the rule is that the
The court fee value of the
suits which are not
expressly mentioned in
that section is compute
18. Suit for the possession
of land, house and
garden.
The court fee value for the
possession of land ,house
and garden
value which plaintiff claimed
under this suit it should be
enough that so the court fee on
it is not less than to 15 RS
means the amount plaintiff
claimed is not less than to 200
RS.
Is compute according to the Let’s suppose Mr. shazaib
value of the subject matter filled the suit for the
 Mode of determination possession of his house which
of the value of subject market value is 10 LAC so the
matter if it is house and court fee is 15,000 RS
garden.
The subject matter
value of the house and
garden is determined
according to the market
value of house and
garden.
 Mode of determination
of value of subject
matter if it is land.
The value of subject
matter vary from land
to land according to
amount of revenue
generate from it.
Like
1. Subject matter value of land
from which annually revenue 2. Illustration.
pay to government and Let’s suppose a land on which
payment is permanently fixed. annually revenue paid to
government and that payment
‘’That is the such land from is not permentaly settled and
which entire estate or the the value of annual revenue is
definite share of estate the 12 lac
revenue is pay to government So the value of subject matter
annually ‘’ of this land is
 And such revenue 5*12lac =60lac
payment record is So court fee is 15,000 RS
properly recorded in
collector register
 And the payment of
revenue is permanently
 settled.
----------------------------
So,the value of the subject
matter of such land is get by
the multiplication of the
annual revenue of land with
10
Formula
Annual revenue of land *10
2. Subject matter value of the
land from which annually
revenue pay to govt but
payment not permanently
fixed.
‘’That is the such land from
which entire estate or the
definite share of estate the
revenue is pay to government
annually ‘’
 And such revenue
payment record is
properly recorded in
collector register
 But the payment of
revenue is not
permanently settled.
----------------------------
Soothe value of the subject
matter of such land is get by
the multiplication of the
annual revenue of land with
5.

Formula
Annual revenue of land *5

3. Land where no revenue

is paid.
There are two
consequences To
determine the subject
matter value of the land
from where no revenue
is paid
1. By the multiplication of
the net profit of the
land of previous year
 with 15.
Formula
Net profit value of
previous year of land
*15
2. But if no net profit are
arisen from the land
then the subject matter
Value of land is determined
by the court according to
the value of the similar land
in the neighborhood.
4. The land where revenue is
paid on part of estate not on
definite share of estate.

the subject matter value of the

land from which revenue is paid
but not on the definite share of
estate just on the part of estate
moreover the record of that
payment are also not properly
recorded in collector register
then the value of subject matter
of such land is
based on its market value