Kurian Joseph, J.

This appeal arise from the decree and judgment dated 30-3-1994 in O.S.No.485/1992 on the file of the Sub Court, Ernakulam. Appellants are defendants 1 and 2 and respondents are the plaintiff and the 3rd defendant respectively. The suit is one for declaration and injunction. According to the plaintiff he purchased the plaint schedule property for a total consideration of Rs.75,000/- by sale deed No.806/1990 of Maradu Sub Registry from the 3rd defendant. He was served with revenue recovery notice dated 7-2-1992 calling upon him to pay an amount of Rs.1,00,000/- with interest failing which the plaint schedule property would be proceeded against. The recovery is for realization of customs penalty due from the 3rd defendant the vendor. The appellants (defendants 1 and 2) contended that notice under Section 7 of the Kerala Revenue Recovery Act had already been served on the defaulter, 3rd defendant, as early as on 19-8-1985 and hence the sale is hit by Section 44 of the Kerala Revenue Recovery Act. It was also contended that notice under Section 36 had also been served on the 3rd defendant and finally it was contended that the suit itself was not maintainable