(a) for the delivery by a tenant of the counter part of a lease or for acceptance of patta in exchange for a muchilika;
(b) for the enhancement of rent;
(c) for the delivery by a landlord of a lease or for obtaining a patta in exchange for a muchilika;
(d) for the recovery of possession of immovable property from which a tenant has been illegally ejected by the landlord;
(e) for establishing or challenging a right of occupancy;
fee shall be levied on the amount of rent for the immovable property to which the suit relates, payable for the year next before the date of presenting the plaint.
(2) In a suit for recovery of immovable property from a tenant including a tenant holding over, fee shall be computed on the premium, if any, and on the rent payable for the year next before the date of presenting the plaint.
Explanation - Rent includes also damages for use and occupation payable by a tenant holding over.
(3) In an appeal from a suit to contest a distraint under sub-section (1) or sub-section (2) of section 95 of 1[the Andhra Pradesh (Andhra Area) Estates Land Act, 1908 (Act I of 1908),] or to contest the right of sale under section 112 of that Act, fee shall be charged on the amount of the arrears for which the distraint has been made or the sale is proposed to be held.
41. Suits for mesne profits - (1) In a suit for mesne profits or for immovable property and mesne profits therefrom, fee shall, in respect of mesne profits, be computed on the amount claimed as mesne profits. If the profits ascertained to be due to the plaintiff are in excess of the profits as claimed, no decree shall be passed until the difference between the fee actually paid and the fee that would have been payable had the suit comprised the whole of the profits so ascertained is paid.
(2) Where a decree directs an enquiry as to the mesne profits which have accrued on the property, whether prior or subsequent to the institution of the suit, no final decree shall be passed until the difference between the fee actually paid and the fee that would have been payable had the suit comprised the whole of the profits accrued due till the date of such decree is paid.
(3) Where, for a period subsequent to the date of the decree or final decree, such decree or final decree directs payment of mesne profits at a specified rate such decree or final decree shall not be executed until the fee computed on the amount claimed in execution is paid.
(4) Whether or not a decree is passed under sub-section (1) or subsection (2) or executed under sub-section (3), the fee payable under any of the said sub-sections shall be recoverable as if it were an arrear of land revenue.
42. Suits under the Andhra Pradesh Survey and Boundaries Act, 1923 - In a suit under section 14 of 1[the Andhra Pradesh Survey and Boundaries Act, 1923 (Act VIII of 1923),] fee shall be computed on one-half of the market value of the property affected by the determination of the boundary or on rupees three hundred, whichever is higher.
43. Suits to alter or cancel entry in a register - In a suit to alter or cancel any entry in a register of the names of proprietors of revenue-paying estates, the fee payable shall be fifteen rupees.
44. Suits relating to public matters - In a suit for relief under section14 of the Religious Endowments Act, 1863 (Central Act 20 of 1863), or under section 91 or section 92 of the Code of Civil Procedure, 1908 (Central Act 5 of 1908), the fee payable shall be fifty rupees.
45. Interpleader suits - (1) In an interpleader suit, fee shall be payable on the plaint at the rates specified in section 47.
(2) Where issues are framed regarding contentions of the claimants, fee shall be computed on the amount of the debt or the money or the market value of the movable property or three-fourths of the market value of the immovable property, which forms the subject-matter of the suit. In levying such fee, credit shall be given for the fee paid on the plaint; and the balance of the fee shall be paid in equal shares by the claimants who claim the debt or the sum of money or the property adversely to each other.
(3) Value for the purpose of determining the jurisdiction of Courts shall be the amount of the debt, or the sum of money or the market value of the movable property or three-fourths of the market value of the immovable property to which the suit relates.
1. Substituted for the original short title by the First Schedule to the Andhra Pradesh Laws (Amendment of Short Titles) Act, 1961 (Andhra Pradesh Act IX of 1961).
46. Third party proceedings - In third party proceedings, fee shall be levied on one-half of the value of the contribution or indemnity claimed against a third party or against co-defendant if a claim is made against him:
Provided that, if the suit against the defendant who has filed the third party notice is dismissed, wholly or in part, he shall be entitled to a refund of the whole or a proportionate part of the fee paid by him.
Explanation - The provisions of this section shall also apply to counter – claims made in third party proceedings.