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Analysing the retrieved Case Laws
Scanned Judgements…!
Court Fees for Agricultural Land - The Court Fees Act mandates that for suits involving agricultural land in Haryana, the court fee is assessed based on land revenue or its multiples, typically 10 or 20 times the land revenue, depending on the specific case and amendments ["2024 0 Supreme(MP) 1"], ["2023 0 Supreme(P&H) 720"], ["2022 0 Supreme(All) 1566"].
Specific Cases and Amendments - Amendments introduced in 1976 and subsequent years clarified that when possession of agricultural land is claimed, court fees should be proportionate to land revenue, not market value, especially when land is still classified as agricultural and no declaration of change in land use has been made ["2024 0 Supreme(MP) 1"], ["2023 0 Supreme(P&H) 720"], ["2022 0 Supreme(All) 1566"].
Land Use and Classification Impact - If land is converted to non-agricultural use or falls within municipal limits (e.g., approved colonies), the assessment of court fees shifts to market value or the value of structures, and the land may no longer be classified as agricultural for fee purposes ["2024 0 Supreme(P&H) 66"], ["2024 0 Supreme(P&H) 402"].
Jurisdiction and Valuation - When the land is deemed to be agricultural, the court's jurisdiction and fee assessment depend on its revenue valuation. In cases where land use changes or structures are involved, the court fee may be based on market value or the value of structures after demolition ["2024 0 Supreme(P&H) 66"], ["2025 Supreme(Online)(P&H) 2488"].
Special Provisions for Irrigated Land - In cases involving irrigated agricultural land with installations like tubewells, the valuation for court fee purposes is adjusted based on the irrigated area, often at a reduced rate (e.g., Rs.50 per acre) ["NANU RAM vs MAHABIR (SINCE DECEASED) THROUGH HIS LRS - Punjab and Haryana"].
Summary and Conclusion - In Haryana, court fees for possession suits involving agricultural land are primarily determined by land revenue or its multiples, as per the Court Fees Act and its amendments. When land is converted or structures are involved, fees may be assessed based on market value. Proper classification and declaration regarding land use are crucial for correct fee assessment.
Filing a civil suit for possession of land in Haryana requires careful attention to court fees, as incorrect payment can lead to rejection of the under . For agricultural land, the rules diverge significantly from non-agricultural properties, primarily governed by the , as amended in Haryana. This post breaks down the applicable provisions, key case laws, and practical recommendations to help litigants navigate this complex area.
Whether you're a landowner seeking to recover possession from a tenant or disputing ownership, understanding these nuances can save time and costs. Note: This is general information based on legal precedents; it is not legal advice. Always consult a qualified advocate for your specific situation.
In Haryana, court fees for suits involving land possession depend on the land's classification—agricultural or non-agricultural. Agricultural land typically attracts a lower, , while non-agricultural land requires ad-valorem fees on market value. This distinction stems from state-specific amendments to the , particularly Sections 7(IV), 7(V), and 7(vi-a).
The Haryana legislature introduced key changes via , later amended by , modifying to deem market value for certain lands. For instance, Vide Haryana Act No.11 of 1974, which was subsequently amended by the Haryana Act No.22 of 1974, the State of Haryana made the following amendments in of the
. These ensure fees align with land revenue rather than inflated market rates for farmland.
For possession suits over agricultural land, mandates court fees based on 10 times the land revenue payable, not market value or sale deed consideration. This was clarified in a case where the plaintiff sought ownership declaration over agricultural land: of the : The court fee for agricultural land is determined based on 10 times the land revenue payable, rather than the market value of the property or sale deed 2023 0 Supreme(P&H) 720.
This approach prevents undue financial burden on rural litigants, as agricultural land's economic value is tied to revenue assessments.
A ruling emphasized amended Haryana provisions: He submits that the suit property is an agricultural land. ... He has drawn the attention of the Court to the amended provisions of as applicable in the State of Haryana
.
Further, in a revision petition dismissal: the plaintiffs were only required to pay the court fees as per the provisions of Section 7 (v) of the Court Fees Act 2016 0 Supreme(P&H) 1553.
Contrastingly, non-agricultural land (e.g., in approved colonies or with constructions) demands ad-valorem fees on market value. In a petition for possession over land with buildings in a municipal area, the court upheld: market value computation 2024 0 Supreme(P&H) 66.
Classification hinges on usage. Even if originally agricultural, conversion to non-agri (e.g., building a bungalow) shifts it: When the land is put to non agricultural use, court fees will have to be computed treating it as non agricultural land 2022 0 Supreme(Bom) 296.
Parties not executing a deed (e.g., challenging a sale deed as non-parties) pay fixed court fees, exempt from ad-valorem. Amendments to the Court Fees Act support this: seeking annulment of a deed related to agricultural land are only required to pay a fixed court fee 2017 0 Supreme(P&H) 918.
Heirs stepping into an executant's shoes must pay ad-valorem on sale consideration. Plaintiff is liable to pay court fee on sale consideration of the impugned sale deed... Plaintiff having stepped into the shoes of the executant of sale deed 2013 0 Supreme(P&H) 880
Boda Ram VS Beermati Devi
. Even for agricultural land possession claims without explicit relief, if tied to deed cancellation post-vendor's death, ad-valorem applies: even in suit for possession of agricultural land, court fee is payable on market value to be determined in accordance with read with Section 7 (v) 2013 0 Supreme(P&H) 880.While Haryana-specific, other states offer context:
These highlight Haryana's revenue-centric model for farmland.
In one case, plaintiffs affixed fees per , averting rejection: plaintiffs-respondents are only required to pay the Court fees as per the provisions of Section 7 (v) 2016 0 Supreme(P&H) 1553.
| Land Type | Basis | Key Section | Example Case ||-----------|--------|-------------|--------------|| Agricultural Possession | 10x Land Revenue | 7(IV) | 2023 0 Supreme(P&H) 720 || Non-Agricultural Possession | Market Value | Ad-Valorem | 2024 0 Supreme(P&H) 66 || Partition (Agri) | 1/2 Plaintiff's Share (Revenue) | 7(VI-A) | 2024 0 Supreme(MP) 1 || Non-Executant Annulment | Fixed Fee | Amendments | 2017 0 Supreme(P&H) 918 || Executant/Heir Challenge | Sale Consideration | 7(IV)(C) | 2013 0 Supreme(P&H) 880 |
When filing a suit for possession of agricultural land in Haryana, ensure that the court fee is calculated based on the land revenue, adhering to the provisions of of the Court Fees Act.
Navigating court fees in Haryana land suits demands precision, especially distinguishing agricultural from non-agricultural land. Revenue-based fees protect farmers, but missteps can derail cases. Key takeaways:- Agricultural land: 10x revenue under 2023 0 Supreme(P&H) 720.- Non-agri: Market value ad-valorem 2024 0 Supreme(P&H) 66.- : Fixed fees 2017 0 Supreme(P&H) 918.- Always verify amendments and usage
.
Stay compliant to minimize rejection risks. For tailored advice, engage a local civil lawyer familiar with Haryana revenue laws.
This post draws from reported judgments; laws evolve, so check current statutes.
#CourtFeesHaryana #AgriculturalLandLaw #HaryanaLandDisputes
Court Fees Act as the plaintiff has claimed the possession as well as the partition and admittedly the land is agricultural. ... Babu Ram, 1975 MPLJ Short Note 28, wherein plaintiff suing for joint possession of agricultural land and defendants pleading construction of a petrol pump and development of a garden, this Court held that no....
The plaintiff has sought possession of only vacant land after demolishing the construction raised over the suit land which is an agricultural land and as such, the plaintiff is liable to affix the court fee as per the provisions applicable for the agricultural land and for which appropriate court fee ... The amended provisions of Sect....
It is argued by the learned counsel that a landlord/ owner of agricultural land can seek recovery of possession of the agricultural land, which is in occupation of tenant invoking the provisions of C.P.C by paying the requisite court fee under Section 29 of APCF and SV Act. ... Court-fees Act.9. ... The Advocate represented that since the defendant cla....
Learned counsel for the petitioner contended that the trial Court has erred in law in not taking into consideration that the suit land is an agricultural land (chahi land) and court fee is payable as per the provisions of Section 7(v) of the Court Fee Act, 1870 as amended in the State of Haryana and ... After hearing learned counsel for the parties, co....
No. 14847 of 2009 before the High Court of Punjab & Haryana seeking such exemption. ... (3) The arrears of fee levied under subsection (1) shall be recoverable as arrears of land revenue. ... These appeals, by special leave, assail the correctness of the judgment and orders dated 27.01.2010 and 24.09.2010 passed by the Punjab & Haryana High Court, respectively in Civil W.P. No. 14847 of 2009 and C.M. No....
Court Fees Act, 1870 the plaintiff would pay ad valorem Court fee at the market value of the case property. ... (v) For possession of lands, buildings or gardens. ... It is also noteworthy that the issue of valuation and payment of Court fee is between the plaintiff and the Court, therefore it was duty of the Court to consider that when the property in suit is #HL_STAR....
He further submits that the plaintiff was otherwise also not eligible being owner of 71 Kanal 2 Marlas of agricultural land himself, the present suit was filed only to prolong the illegal possession over the suit land. 5. ... the Government for the purpose of making improvements in the land and for other agricultural purposes]. ... The plaintiff claimed that he has been in cultivating #H....
He submits that the land in dispute is agricultural land and even if the suit is filed for relief of possession, the court fee would be payable depending upon the amount of land revenue. Notice of motion for 20.02.2025. ... Computation of fees payable in certain suits - (i) to iv) XXXX XXXX XXXX XXXX (v) for possession of lands, houses and gardens- In ....
Vide Haryana Act No.11 of 1974, which was subsequently amended by the Haryana Act No.22 of 1974, the State of Haryana made the following amendments in Section 7(V) of the Court Fees Act, 1870:- As in Haryana ... The petitioner herein has been granted a decree for possession of an agricultural land measuring 1 kanal and 5 marla....
He submits that the suit property is an agricultural land. ... He has drawn the attention of the Court to the amended provisions of Court Fees Act, 1870 as applicable in the State of Haryana, which are extracted as under:- (a) Where the subject-matter is land other than land As per amendment in the Court Fee by the Ha....
V) Plaintiffs to pay the Court fee as aforesaid within the time fixed by the trial Court. Therefore, I find much substance in the arguments advanced by learned counsel Shri Kasliwal that the suit property was put to non agricultural use. When the land is put to non agricultural use, court fees will have to be computed treating it as non agricultural land. Learned trial Court failed to consider the pleadings of the plaintiffs that the original owner Harnam Singh had already co....
“(a) where the subject matter is land other than land situated within municipal limits or Abadi Deh whether under cultivation or not according to the market value thereof which shall be deemed to be,– (i) in the case of land which is irrigated by perennial canal, sixty rupees per acre; No doubt, they have sought the consequential relief of possession. But, for that relief, plaintiffs-respondents are only required to pay the Court fees as per the provisions of Section 7 (v) of the Cou....
The Kerala Stamp Act, 1959 also does not define “agricultural land” or “agricultural purpose”. As stated earlier, the term “agricultural land” is not defined in the Court Fees Act. While defining “lease” under Section 2(l), the Kerala Stamp Act includes in the said definition an agreement or other undertaking in writing not being a counterpart of a lease, to cultivate, occupy or pay or deliver rent for immovable property. The court below held that since item 1 is a “nilam”, i....
It was also submitted that the plaintiff has not claimed relief of possession of the suit land and for this reason also, the plaintiff is not liable to pay ad valorem court fee. It was further contended that even in suit for possession of agricultural land, court fee is payable on market value to be determined in accordance with Section 7 (iv) (c) read with Section 7 (v) of the Court Fees Act, as applicable to State of Haryana i.e. on market value of the land @ Rs.60/- per acre, Rs.5....
It was also submitted that the plaintiff has not claimed relief of possession of the suit land and for this reason also, the plaintiff is not liable to pay ad valorem court fee. It was further contended that even in suit for possession of agricultural land, court fee is payable on market value to be determined in accordance with Section 7 (iv) (c) read with Section 7 (v) of the Court Fees Act, as applicable to State of Haryana i.e. on market value of the land @ Rs. 60/- per acre, Rs....
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