1. As per Ext. P5 notice of demand issued by the Tahsildar, Mangalore, the 1st petitioner firm was directed to pay a sum of Rs. 24,974.94 which as per that notice was due from the 1st petitioner by way of rent and other charges in respect of an Ice and Cold Storage-cum-Freezing plant at Azhikode. Admittedly the petitioners by executing Ext. P1 agreement dated 8-5-1970 took on lease the 'Ice Plant-cum-Cold Storage-cum-Freezing Plant' at Azhikode for a term of one year. It is the case of the petitioners that on enquiries they found out that the break-up of the amount was as follows:

This is not disputed on behalf of the respondents. According to the petitioners the demand represents only 3 claim for damages for alleged breach of the terms of Ext. P1 lease-agreement. It is also necessary to mention here that going by the averments contained in Para.14 of the counter-affidavit "the amount shown in the notice" was "properly assessed by the department as the damage sustained to the Government on account of the default of the lessee". The question is whether the respondents are entitled to invoke the provisions of the Kerala Revenue Recovery Act, 1968, or the Revenue Recovery