1 This appeal arises from the Decree and Judgment dated 30/03/1994 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 07/02/1992 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 realisation of customs penalty due from the 3rd defendant, the vendor. The appellants (defendants 1 and 2) contended that notice under S.7 of the Kerala Revenue Recovery Act had already been served on the defaulter, 3rd defendant, as early as on 19/08/1985 and hence the sale is hit by S.44 of the . It was also contended that notice under S.36 had also been served on the 3rd defendant and finally it was contended that the suit itself was not maintainable in view of the specific bar under S.72 of the . The Cour

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