P.K. Balasubramanyan, J.

This second Appeal is by the first defendant. The suit by the plaintiff was one for a prohibitory injunction restraining the first defendant from initiating proceedings under the Revenue Recovery Act, for recovery of the amount due to the first defendant from the plaintiffs. The essential plea on behalf of the plaintiff was that since three years have elapsed after the suit, the claim for recovery by the first defendant was barred by limitation and consequently, the amount could not be recovered by recourse to the Revenue Recovery Act. The trial court negatived that contention and found that the suit itself was haired by limitation, that the suit was hit by S.72 of the Re venue Recovery Act and going by the decision reported in Harikumaran Nair v. Kerala State Financial Enterprises (1993 (2) KLT 463), even if the recovery was barred By limitation through a civil court, the amount could be recovered by recourse to the Revenue Recovery Act. The plaintiffs filed an appeal. The lower appellate court purporting to follow the decision of the Division Benchin Nanu v. State of Kerala (1987 (2) KLT 921) reversed the decree of the trial court and held that