1. This revision by the original complainant is directed against the order passed by the Presidency Magistrate 27th Court, Mulund, Greater Bombay dismissing the complaint filed by the Petitioner against respondent No. 1 and one V. K. Jawar, alleging offences under the provisions of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale Management and Transfer) Act, 1963 (hereinafter referred to as "the Act"), on a preliminary ground that the premises in dispute were not covered by the Act, inasmuch as they were not a "flat" within the meaning of that term as defined in the Act.

2. Few facts which it is necessary to state for the purposes of this application , are these :

3.The accused, who are brothers and were partners of a concern styled as M/s. Korbusiers, widely advertised a housing scheme which was called "Mini Land". It appears that the accused had acquired about 45, 831 Sq. yards of open plot of land from M/s. Orient Corporation on lease for a period of ninety-nine years with a renewal clause and they proposed to divide this land in different plots and offered housing accommodation in these plots. It appears the scheme was that on each plot acc