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1996 Supreme(MP) 87

J.G.CHITRE
Sabra Bano – Appellant
Versus
Chairman, MPEB Jabalpur – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. M.A. Bohara, Advocate
For Respondents/Defendant:Mr. Surjit Singh, Mr. S.C. Bagadia and Mr. A.H. Ansari, Advocates

JUDGMENT

J.G. Chitre, J.

1. This appeal has been admitted on solitary substantial question of law which can be enumerated as mentioned hereunder:

Whether dismissal of the suit for declaration and for injunction of electricity supply is illeal.

2. This case of the appellant can be mentioned hereunder in brief for unfolding the dispute between a father and the daughter. The appellant Sabra Bano happens to be the daughter of Resp. No. 3 Mohemmad Issac and she happens to be residing in one portion of the building owned by Resp. No. 3 Mohd. Issac situated in municipal limits of Ratlam Muncipal Council. There was a litigation between Mohd. Issac and Mohd. Hanif, the husband of Sabra Bano instituted in Ratlam Civil Court of competent jurisdiction wherein Mohd. Issac had averred that Mohd. Hanif, the husband of Sabra Bano was occupying a portion of his building as tenant. That suit is still pending. During the pendency of that suit, it appears from the record that, the electricity supply being supplied to the portion in occupation of Mohd. Hanif and Sabra Bano was disconnected. A grievance was made in that context by Sabra Bano to appropriate Rent Controlling Authority of Ratlam. The said Auth

























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