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Avinash Arora, Manager, Tagore Niketan ... vs Dr. J.S. Gujral on 7 April, 1992

In a rent decision in Om Parkash v. Shiv Butt Prasher, 1991 H. R. R. 561. It was held by J. V. Gupta, C. J. (as be then was) that where residential building was let out for a non-residentiat purpose without the permission of the Rent Controller under Section 11 of the Act, the building still remained residential and the earlier judgment in which the building in question was held to be non-residential did not operate as res judicata. For these reasons, I have no difficulty in rejecting the second submission of Mr. Kapoor.
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