Declaratory title suits are not suits for recovery of property under court-fee law, so ad valorem fee is not required.

A declaratory suit asserting title and seeking a declaration that an earlier ex parte decree did not affect the plaintiff's rights was held not to fall within Section 7(iv-A) of the Court-Fees Act. The expression "decree for money or other property" was construed as a decree for recovery of money or property, not a declaration concerning title to property with market value. The Court also held that an ordinary judicial decree is not an "instrument securing money or other property" because it is only a record of adjudication. The suit was therefore treated as one for declaration alone, and the court-fee already paid was sufficient.

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Issues: Whether a suit seeking declarations of title and a declaration that an earlier ex parte decree had no adverse effect on the plaintiff's rights fell within Section 7(iv-A) of the Court-Fees Act so as to require court-fee according to the value of the subject-matter, or whether it was properly stamped as a suit for declaration under Schedule II, Clause 17(iii) of the Court-Fees Act.

Analysis: The expression "decree for money or other property" in Section 7(iv-A) was construed to mean a decree for recovery of money or property, and not a decree merely concerning title to money or property. A declaratory decree asserting title does not become a decree for money or other property merely because the property in dispute has market value. The Court further held that an ordinary in invitum decree is not an "instrument securing money or other property"; it is only a record of judicial adjudication and does not, by its own force, secure property. The suit was therefore one for declaration alone, and the court-fee already paid was sufficient.

Conclusion: The suit did not fall under Section 7(iv-A) of the Court-Fees Act, and the court-fee paid on the plaint was proper.

Ratio Decidendi: A declaratory suit asserting title to property is not a suit for a "decree for money or other property" within Section 7(iv-A) of the Court-Fees Act, and an ordinary judicial decree is not an "instrument securing money or other property" for purposes of ad valorem court-fee.

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