(1.) This Second Appeal has been preferred against the judgment and decree, dated 24.12.1998 made in A.S. No. 171 of 1997 on the file of the Additional District and Sessions Judge-cum-Chief Judicial Magistrate, Ramanathapuram, confirming the judgment and decree, dated 29.01.1997 made in O.S. No. 568 of 1993 on the file of the Additional District Munsif Court, Ramanathapuram.
(2.) The appellants herein, as the plaintiffs have filed the suit against the respondents seeking a relief of declaration that the notice dated 28.07.1993 issued in Na.Ka.No.E2/657/91 in respect of the arrack shop No. 4/84-85 is illegal, legally not enforceable and consequently for permanent injunction restraining the respondents herein from taking any action against the appellants/plaintiffs pursuant to the said notice dated 28.07.1993.
(3.) It is not in dispute that the appellants herein were the successful bidders in respect of the aforesaid arrack shop. According to the learned Counsel appearing for the appellants, the respondents have claimed a sum of Rs. 25,404/- stating the amount as due and payable towards running the arrack shop by the appellants/plaintiffs, though by the appellants, no such amount was due and payable.