(1) In a suit for partition and separate possession of a share of joint family property or of property owned, jointly or in common, by a plaintiff whose title to such property is denied, or who has been excluded from possession of such property, fee shall be computed on the market value of the plaintiff’s share.
(2) In a suit for partition and separate possession of joint family property or property owned, jointly or in common, by a plaintiff who is in joint possession of such property, fee shall be paid at the following rates:— Rupees fifteen if the value of plaintiff’s share is Rs. 3,000 or less;
Rupees thirty if the value is above Rs. 3,000 but not more than Rs.
5,000.
Rupees one hundred if the value is above Rs. 5,000 but below Rs.
10,000 and Rupees two hundred if the value is Rs. 10,000 and above.
(3) Where, in a suit falling under sub-section (1) or sub-section (2), a defendant claims partition and separate possession of his share of the property, fee shall be payable on his written statement computed on half the market value of his share or at half the rates specified in sub-section (2), according as such defendant has been excluded from possession or is in joint possession.
(4) Where, in a suit falling under sub-section (1) or sub-section (2), the plaintiff or the defendant seeks cancellation of decree or other document of the nature specified in 23 section 38 separate fee shall be payable on the relief of cancellation in the manner specified in that section.