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Busching Schmitz Private Ltd vs P.T. Menghani And Anr on 17 March, 1977

In this connection, it is useful to refer to the observations made by the Supreme Court in the case of Busching Schmitz Private Limited v P.T. Menghani and Another . In the said case, the Supreme Court has observed that whatever is suitable or adaptable for residential uses, even by making some changes, can-be designated as a residential premises. At paragraphs 17 and 18, the Supreme Court has observed thus:
Supreme Court of India Cites 12 - Cited by 107 - V R Iyer - Full Document

Prem Chand vs District Judge, Dehradun & Anr on 23 November, 1976

Further, the Supreme Court, while considering the question whether, if, out of two rooms, one room is used as a Tailoring shop occupied by the Tailor, such a premises is a residential premises, has, in the case of Prem Chand v District Judge, Dehradun and Another , held that it is a residential premises. It is useful to refer to paragraphs 5 and 6 of the said judgment, which read as hereunder:
Supreme Court of India Cites 5 - Cited by 11 - P K Goswami - Full Document

Avtar Singh & Ors vs Jagjit Singh & Anr on 27 July, 1979

"16.1. It is well-settled that a Civil Court has always the jurisdiction to decide whether it has jurisdiction to try a suit before it or not and its decision on the question of jurisdiction will operate as res judicata in regard to the same question raised in any subsequent proceedings (See: Upendra Nath v Lalt and Avtar Singh v Jagjit Singh). Therefore, when the civil suit filed by the landlord against his tenant for possession is dismissed by the Civil Court by holding that it had no jurisdiction in view of the decision in Padmanabha Rao, and the landlord has to file an eviction petition under the KRC Act, such decision becomes final and conclusive as between the parties, in regard to the question so decided, and as between them will constitute an absolute bar to a reconsideration of the same question in any subsequent litigation. The principle of res judicata is the principle of estoppel by judgment.
Supreme Court of India Cites 2 - Cited by 25 - N L Untwalia - Full Document
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