K.Ahmad, J.

1. The only point that arises for determination before us is whether the court-fee payable on the application for review in this case is one-half of the fee leviable on the plaint filed in the Court below or on the valuation of the reliefs sought in the application for review.

2. It is the admitted case of the parties that the judgment giving rise to the first appeal in this Court was delivered on 25th January, 1950, and as against that there was a review application filed in the same Court by the plaintiffs on 1st February, 1950, which was within ninety days from the date of the judgment. The subject-matter of the review was confined to two items, first, the mesne profit which was valued at Rs. 2,000.00 and, secondly, the value of dalan and cattle shed which was assessed at Rs. 500/-, and accordingly on that valuation a sum of Rs. 144/6/- only was paid as court-fee on the application for review.

The Court on hearing the parties allowed the application for review on 25th May, 1950. Thereafter there were two first appeals filed in this Court against the judgment of the trial Court. The one was by the defendants and that has been numbered as First Appeal No. 303 o