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1973 Supreme(Ker) 188

V.P.GOPALAN NAMBIYAR
KSEB – Appellant
Versus
PARVATHI AMMA – Respondent


Judgment :-

1. This Civil Revision Petition has been referred to the Division Bench, as it raises a question of limitation under Art.137 of the Limitation Act, 1963. In respect of telegraph lines taken by the petitioner, the Kerala State Electricity Board, over the property of the respondent, a sum of Rs. 1708-55 was paid on 30-4-68 as compensation for the damages caused, under S.10(d) of the Indian Telegraph Act. 1885 read with S.Si of the Indian Electricity Act. The Respondent applied on 11-6-71 to the District Judge, claiming enhanced compensation. This was under S.16(3) of the Telegraph Act which provides that any dispute concerning the sufficiency of the compensation to be paid under S.10(d) shall, on application for that purpose, by either of the disputing parties, to the District Judge within whose jurisdiction the property is situate, be determined by him. Objection was raised that the application having been filed more than three years from the payment of the amount, was barred by limitation under Art.137 of the Limitation Act, 1963 which reads:

The objection was disallowed by the District Judge by the order sought to be revised.

2. It was conceded before us that the Distric

















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