KERALA STATE ELECTRICITY BOARD Vs. ULAHANNAN MARKOSE

JUDGEMENT

(1.) This appeal is brought by special leave from the judgment of the Kerala High Court dated 20th January, 1964 in CR.P. No. 112 of 1962 arising out of the judgment of the District Court, Kottayam in O. P. No. 261 of 1961 dated 7th August, 1962.

(2.) On 13th December, 1961, the respondent filed a petition being O.P. No. 261 of 1961 in the District Court, Kottayam under Section 51 of the Indian Electricity Act (Act No. 9 of 1960) and sec. 16 of the Indian Telegraph Act (Act No. 13 of 3885). The respondent alleged therein that the appellant entered into his plot of land and felled coconut trees, rubber trees, pepper vines etc. The appellant paid Rs. 1765/- as compensation for destroying the trees. The compensation was not adequate and the respondent therefore demanded a further sum of Rs. 6500/- as compensation for the damage. The appellate controverted the allegation of the respondent. It was said that adequate compensation was paid to the respondent, who accepted the same without protest or objection at the time of payment. The contention of the appellant was that the respondent did not dispute the adequacy of compensation at the relevant time and so the present claim was belated and time barred. By his judgment dated 7th June, 1962 the District Judge dismissed the objection of the respondent holding that if at the time of payment there was no dispute it was not open to either party to commence a dispute at a later date and apply to the Court for determination of such a dispute. Against this judgment the respondent filed a Civil Revision petition being. C R. P. No. 1122 of 1962 in the Kerala High Court under Section 115 of the CPC. By his judgment dated 20th January, 1964 Vaidialiogam. J allowed the revision petition and held that the respondent was entitled to additionly, compensation of Rs. 6500/-.

(3.) Section 42 of the Electricity Supply Act, 1948 (No. 54of 1943) states