KERALA STATE ELECTRICITY BOARD Vs. ILLIPPADICAL PARVATHI AMMA

JUDGEMENT

(1.) THIS Civil Revision Petition has been referred to the Division Bench, as it raises a question of limitation under Article 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 Section 10 (d) of the Indian telegraph Act, 1885 read with Section 51 of the Indian Electricity Act. The respondent applied on 11-6-71 to the District Judge, claiming enhanced compensation. This was under Section 16 (3) of the Telegraph Act which provides that any dispute concerning the sufficiency of the compensation to be paid under section 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 Article 137 of the Limitation Act, 1963 which reads: "137. Any other application for which no Three When the right to period of limitation is provided years. apply accrues. " elsewhere in this Division. The objection was disallowed by the District Judge by the order sought to be revised.

(2.) IT was conceded before us that the District Judge acting under S. 16 (3) of the telegraph Act, acts as a Court. To that effect is also the decision of Viswanatha iyer. J. in C. R. Ps. 732 of 1972

(3.) ARTICLE 181 of the Indian Limitation Act, 1908 is the pre-cursor of Article 137 of th3 1963 Act. That Article read: