SABRA BANO Vs. CHAIRMAN M P ELECTRICITY BOARD

JUDGEMENT

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

(2.) THE 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 Respondent No. 3 Mohammad Issac and she happens to be residing in one portion of the building owned by Respondent No. 3 Mohd. Issac situated in municipal limits of Ratlam Municipal 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 Authority declared that Sabra Bano was not the tenant of the said portion of the building occupied by both Mohd. Hanif and Sabra Bano.

(3.) THE record shows that thereafter Sabra Bano made an application to concerned authority for the purpose of getting electricity supply under the scheme initiated by M. P. Govt. , commonly known as "ek BATTT CONNECTION". She got the electricity supply in the said portion of the house (hereinafter mentioned as tenement for convenience ). For sometime, she used that electricity supply connection but thereafter it was disconnected by MPEB on account of a complaint made by Respondent No. 3 Mohd. Issac. Before that Sabra Bano had filed the present suit in the court of Civil Judge, Class II, Ratlam bearing Civil Suit No. 37-A/94.