J U D G M E N T

The suit challenging revenue recovery proceedings, was dismissed by the trial court. The plaintiff is in appeal.

2. Ext.A5 is the revenue recovery notice dated

07.10.1996 issued against the plaintiff. The plaintiff was the convener in respect of a scheme for construction of houses for girijan colonies. Five houses were to be constructed in each of the three colonies. The estimated cost was ` 12,500/- per house. The payment towards the construction was to be paid stage-wise. Admittedly the work was not completed. Revenue recovery proceedings were initiated against the plaintiff alleging that though the value of the constructions effected by him was only ` 94,555/-, the amount received by him is ` 1,57,805/-.

3. The trial court raised an issue with regard to the maintainability of the suit in view of Section 72 of the Revenue Recovery Act. It was held that the suit is not maintainable and the suit was dismissed.

4. Heard learned counsel for the appellant and the learned Government Pleader for the respondent.

5. Section 72 of the Kerala Revenue Recovery Act , as it stood at the relevant time, barred the jurisdic- tion of Civil Courts except in cases where fraud was al- l