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2013 Supreme(Raj) 1522

J.K.RANKA
Gulam Moinudeen – Appellant
Versus
Peer Gulam Naseer Sajjadanasheen – Respondent


Advocates:
For the Petitioners:Akhil Simlote, Advocate.
For the Respondents:Anoop Dhand, Advocate.

JUDGMENT

1. - By this petition, counsel for the petitioners submits that the petitioners are occupying portion in the property since last more than 12 years and the suit for eviction filed by the respondents has been dismissed. Counsel further submits that the issue presently is with regard to grant of electricity connection where the petitioners are residing in the property in question which is claimed to be a property of Waqf Board. Counsel submits that the younger brother of the petitioner was last Sajjadanasheen and, therefore, he claims himself to be Sajjadanasheen. Counsel further submits that electricity and water are the basic need and, therefore, without electricity it is not possible for the petitioners and their family members to live a comfortable life.

2. Counsel for the respondents seriously objected to grant of electricity connection to the petitioners. He submitted that all appeals of the petitioners have been dismissed upto the level of this Court and the petitioners were held to be an encroacher and no right has been created in their favour. Counsel submits that the respondent has been rightly held to be Sajjadanasheen.

3. Without going into merits of the case, this




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