JUDGMENT - S.K. DESAI, J.:---This is a Criminal Application No. 165/S of 1979 filed by the accused in the Court of the learned Metropolitan Magistrate, 31st Court, Vikhroli. The compliant in the said case is K.S. Ramkrishnan, the 1st respondent before me. The complaint is under section 12 of the Maharashtra Ownership Flats Act, 1963. The said complaint refers to a building known a Shankar Kunj situate at Plot No. 19-B, Asalpe, Bombay 400 084. The complaint claims to be joint owner, builder and promoter of the said property. The complaint refers to an agreement dated 9th March, 1978 executed between the compliant and his wife on the one hand and the two accused on the other and proceeds that accused has committed a breach of Clause 17 read with Clause 21 and 44 of the said agreement. The breach is in failure to pay monthly outgoings at the rate of Rs. 122/- per month. The other alleged failure is to co-operate with the builder in the formation of the common organisation.

2. Prima facie, the case is covered by section 12 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (Act XLV of 1963). The Advocate for the peti

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