( 1 ) BY this petition, the petitioner challenges the judgment and order passed by the Divisional Joint Registrar, Bombay on 7th december, 2004 dismissing the revision.

( 2 ) THE respondent No. 1 is a co-operative housing society (for short the society) having 29 members. There are 28 residential flats which are allotted to 28 members and one shop is allotted to the petitioner. The area of the flats varies between 479 sq. ft and 657 sq. ft. The area of the shop premises in occupation of the petitioner is about 160 sq. ft. i. e. to say that the petitioners shop is smaller than the smallest flat in the building of the respondent No. 1 society. It appears that the society recovers from the members property tax, payable to the municipal authorities at the rate of Rs. 30. 81 per sq. ft per annum of the area of the flat/shop. In addition thereto, the Society also levies and recovers from the members amount by way of society charges/maintenance at a flat rate of rs. 8,000/- per annum (Rs. 2,000/- per quarter per flat ). The society sought to recover from the petitioner society charges/maintenance at the rate of rs. 32,000/-per annum (Rs. 8,000/- per quarter) for the shop occupied by him.

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