An apartment owners association can claim arrears of maintenance despite one owner not executing the Deed of Declaration, as the claim constitutes a continuing cause of action. Limitations are applicable based on ongoing obligations.

ORDER :

V. SRISHANANDA, J.

Heard Sri.Skanda Kumar, learned counsel appearing on behalf of Sri.M.D.Raghunath, learned counsel for the revision petitioner. This Court did not deem it fit to issue notice to the respondent.

2. Defendant is the revision petitioner challenging the dismissal of the application vide I.A.No.3 in O.S.No.8355/2023 dated 06.11.2025 filed under Order VII Rule 11(a) and (d) of Code of Civil Procedure (hereinafter ‘CPC’ for short).

3. Facts of the case which are utmost necessary for disposal of the present revision petition are as under:

3.1. Respondent/plaintiff being the association filed a suit against the defendant with the following prayer:

“Wherefore, the plaintiff most respectfully prays before this Hon’ble Court that it may be pleased to pass a judgment and decree thereby directing the defendant to:

a. To pay a sum of Rs.37,58,233 (Rupees Thirty Seven Lakh Fifty Eight Thousand Two Hundred and Thirty Three Rupees Only) along with interest at 24% p.a. up to the date of the suit together with future interest at 24% p.a. from the date of the suit till realization in full,

b. Direct the defendant to pay the cost of the suit; and

c. Pass such other orders as this Hon’ble Court deems fit in the circumstances of the case in the interest of justice and equity.”

3.2. Plaintiff contended that plaintiff is the association of apartment owners of the building known as ‘Tree House’.

3.3. It is further contented that after the flats came to be constructed, as per the deed of declaration, every owner of the individual flat must pay an amount towards the quarterly maintenance for the upkeep of the building as is fixed by the managing committee from time to time.

3.4. Further the maintenance paid by every owner may include payment to the general operating fund, reserve fund, sinking fund for periodic renovation, replacement etc.

3.5. According to the plaint averments, there was a demand of outstanding amount to the tune of Rs.37,58,233/- including the interest at the rate of 24% per annum.

3.6. Plaintiff also contended that other owners of the plaintiff’s association filed an arbitration case in Arbitration Case No.113/2026 against the defendant claiming a sum of Rs.39,83,623/- along with the interest at the rate of 18% from 18.06.2010 towards the contribution of her share for construction of apartment building and completion of her apartment unit.

3.7. Plaint averments further reveal that the said amount is paid by the defendant but she failed to clear the arrears of maintenance charges.

3.8. Cause of action paragraph in the plaint is at paragraph No.13 which reads as under.

“It is submitted that the cause of action for the above suit arose prior to 01.04.2015 to 20.10.2023 and on the dates when the defendant has not made quarterly payments towards the arrears of maintenance, on various occasions when the plaintiff made regular follow-up via email, also the date on which the plaintiff got issued the legal notice and all other subsequent dates and every periodical quarter, where the defendant was due to the plaintiff.”

4. Pursuant to the suit summons, defendant entered appearance and filed written statement and also denied the plaint averments and filed an application under Order VII Rule 11(a) and (d) of CPC seeking rejection of the plaint.

5. Plaintiff/association filed the objection to the said application.

6. Learned Trial Judge after entertaining the objections, heard the arguments of the parties and dismissed the application filed by the defendant inter alia holding in paragraph Nos.9 to 20 as under:

“9. According to defendant, who is admittedly the co- owner of the property, has not executed or registered the Deed of Declaration. According to defendant, as mentioned under section 2 of the Karnataka Apartment Ownership Act, 1972 the Act applies only to properties, the sole owner or all the owners of which submit the same to the provisions of the Act by executing and registering a declaration. In view of admitted fact that, the defend