Dismissal of a case on recovery towards maintenance charges of a society in Karnataka

The association registered under KSRA 60. filed a case for recovery of maintenance charges from a resident owner. The owner claims there is no provision under the Act to maintain apartment blocks. Can the case filed in small causes court be dismissed on the grounds that the association does not have the authority or to engage in maintenance activity. Refer WA 974-2019 Karnataka high court. Can the defaulting owner claim relief by dismissing the case, stating the observations of the chief justice of Karnataka on the KSRA Act which says Since, respondent No.4 is a Association of the owners of flat situate in a apartment for which a specific enactment viz., Karnataka Apartment Ownership Act, 1972 Has been enacted. Therefore, the Registration of the Association if any has to be made under Section 3 of the Karnataka Societies Act. It is well settled in law that a specific provision of law will always override the general provisions of law. Since the specific provisions as made by the registrar. Therefore, respondent No.4 assertion ought to have registered under Karnataka Apartment Ownership Act,1972.