Important clarification sought due to conflicting advice !

Todi (Querist) 23 November 2013 This query is : Resolved
Dear Cooperative Matter Experts: We are raising this query due to conflicting opinion of advocates for the sake of clarity:

On complaint of the owner of a room in a cooperative commercial society in Mumbai police has registered a case under various sections of Cr. P.C.and the same is still pending for disposal.

In order to pressurize the owner the society is not allowing him to use the room or rent it out and so an injunction order has to be obtained. Society is on records in court proceedings in City Civil Court that they have never allowed the room to be used as the same were illegally built by the builder and the case was dismissed as withdrawn. Now the query:

a) While one lawyer says only property tax need to be paid for the room as it is a ownership room with an agreement.

b) Other lawyer says that all arrears of society dues will have to be paid although the society has not allowed the use of the said room to owner and even if the same is admitted by the society in the court in writing.

Awaiting your considered opinion. Regards.

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Guest (Expert) 23 November 2013
Better you pay both property tax and society dues and enjoy the possession peacefully.Even if it was not occupied the society would claim for mainteinance.Otherwise again you might have to go for another Legal battle regarding society dues.