K. Sadasivan, J.

1. The question arising in this Civil Revision Petition is whether the court fee paid is adequate ana proper. The question was raised in the appeal A. S. No. 399 of 1966 on the file of the Subordinate Judge of Ottappalam from a final decree for partition. The appeal was filed by defendants 2,5 and 6. One of the contentions raised in the appeal was in respect of the mesne profits decreed against them. Mesne profits have not been separately valued in the appeal, since according to the appellants mesne profits form part of the corpus available for partition among the various sharers. In the appellate court a preliminary objection was raised by the respondent (plaintiff) saying that since a specific amount has been decreed by way of Mesne Profits the appellant should be called upon to pay court fee on that amount irrespective of other reliefs claimed in the memorandum of appeal. The appellants are made liable for three years, mesne profits at the rate of Rs. 985-88 Ps., per year. They have been made liable for future mesne profits also at the same rate. The learned Subordinate Judge upholding the preliminary objection has directed the appellants to pay deficit cour