who is responsible for a leaking terrace ? society or terrace owner

Querist : Anonymous (Querist) 27 September 2010 This query is : Resolved
There are 3 flats in my society with attched private terraces. There is a clause in the sale agreement clearly stating that the flat owner is responsible for any leakage from the terrace privately used by him.
Will the judgement by the high court of mumbai high court in the case Mr.Balani versus Humble Home co-op society society was held responsible in the maintenance of the terrace even though it was privately owned.
In view of the clause in the sale agreement that the terrace owner is responsible for repairs of leakage from his terrace will the above court order apply?

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s.subramanian (Expert) 27 September 2010
When there is such a specific clause in the agreement,then the terrace owner alone is liable and nobody else can be questioned.

Raj Kumar Makkad (Expert) 27 September 2010
No agreement contrary to basic law can be made and even if it is made, it can be got quashed in view of the judgment delevered by Hon'ble High Court of Bombay.

Querist : Anonymous (Querist) 28 September 2010
The two experts, S Subramanian and R K Makkad have contradictory openions. It is not only the terrace owner's sale agrement but all members have this as a common clause in their sale agreements. A buyer in the floor below the private terrace might have bought his flat after being satisfied or assured by this clause. When a person sign's an agreement containing a specific clause(which has nothing hidden about it) is he not bound by that?

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