P.K. Balasubramanyan, J.

S. A. No. 164 of 1997 is by the first defendant and S. A. 444 of 1997 is by the fifth defendant in O.S.408 of 1987 on the file of the Subordinate Judge's Court of Irinjalakuda. The suit was filed by the first respondent in these Second Appeals as the plaintiff, for a declaration that the proceedings initiated against him for recovery of amounts due to the first defendant, a Nationalised bank, under the Kerala Revenue Recovery Act was illegal and invalid and to declare the title of the plaintiff over the plaint schedule property ignoring the sale conducted pursuant to the initiation of such proceedings and for recovery of possession of the property sold. There was also a prayer for the grant of a perpetual injunction restraining the fifth defendant, the purchaser at the revenue sale, from effecting any improvement in the property. Overruling the defences offered by the defendants, the trial court decreed the suit. The first defendant filed an appeal. That appeal was also dismissed. That dismissal is challenged by the first defendant in its second Appeal. The fifth defendant who had not filed an appeal before the lower appellate court challenging t