Recovery suit

1. You can file a summary civil suit for recovery against him. A summary suit as opposed to a regular suit is decided much faster. 

2. You can move an application under ord. 38 of the CPC for attachment of property before decree, in case it is the only asset defendant holds and is likely to sell it to defeat your claim. 

Feel free to talk !

Bharat Chugh

*Advocate Supreme Court of India

consult an advocate

Bharat ji,

Thanks for your reply.

Another thing is the property has been paid for only from my money. He has not paid even 5 Paise. He had applied for a plot in his name and asked his MIL to also apply. Applicaton money for his flat as well as his MIL's flat were given through his bank account. MIL got allotement and this gentleman paid all the money fot the flat. Later he got the flat transferred in his wife's name. His wife and MIL were not in a position to shell out even Rs. 10/ - for the flat.

1. This smells of " Benami Property". Should i move the concerened allotting  authority to cancel the flat.

2. When applications were invited for the flat, there was a condition that a person can apply only one flat. But in this case it appears they have contravened that condition. Since i had also applied in the same scheme, this has resulted in denying me chance to get that plot like others who had applied in the scheme.

This established my " locus standii" to question it as well as ask the authority to cancel it and offer it for fresh draw.

3. But since this goes against my claim for money. So should i move on both the fronts

Please advise