Non registration of property, full amount paid
Suraj Kumar
(Querist) 20 October 2022
This query is : Resolved
I have given Rs. _ _ _ to XXX to start a business. The amount was paid by cheque. XXX has purchased a house with that money. I was occasionally used to live in that house. Now XXX want to sale the house & refused to pay my money back. I have forced to file FIR u/s 420 IPC. Thereafter XXX tell me that, since she couldn't refund my money she will transfer house in my name & handover possession of house to me.
All of a sudden XXX came & threatening me to vacate the house. I asked to refund my money or transfer house to me. But she refused both.
I inform the matter to local PS & they advised me to lodge FIR.
1) Can I file a civil suit for injunction & peaceful living in that house ?
2) Can I claim that property since market value of that house is already paid to XXX but XXX refused to transfer the house to me.
Can I file
kavksatyanarayana
(Expert) 20 October 2022
Yes. You can file a recovery suit against her. Consult a local lawyer.
Dr J C Vashista
(Expert) 21 October 2022
Did you demand the money stated to have been paid by you ?
Was the money lended to start a business or purchase of a house where you have been living occasionally, but not regularly?
Why does XXX wanted / offered to sell the house to you ? Are you interested to purchase the house?
You have stated that XXX came suddenly and threatened you to vacate the house, what do you intend to communicate is irrelevant to the facts and circumstances stated/posted here in above, which make it fabricated and not a real story, what are actual facts ????
Prima facie the query is concocted and not a real story. However, if it is real it would be better to consult a local prudent lawyer.
Suraj Kumar
(Querist) 21 October 2022
Competent court has passed 144 (2) CRPC in my favour for & ordered opposite party not to evict me without due process of law & local PS will ensure that my opposite party will not distrub me.
Dr J C Vashista
(Expert) 22 October 2022
Are you sure qua your statement that the Competent Court has passed order u/s 144(2) Cr PC in your favour directing the accused not to evict you from the property without due process of law ? I have reservations regarding your aforesaid statement since section 144 Cr PC is related to prevention of any disturbance in the area which reads as :
Section 144 in The Code Of Criminal Procedure, 1973
144. Power to issue order in urgent cases of nuisance of apprehended danger.
(1) In cases where, in the opinion of a District Magistrate, a Sub- divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety, or a disturbance of the public tranquility, or a riot, of an affray.
(2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte.
(3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area.
(4) No order under this section shall remain in force for more than two months from the making thereof: Provided that, if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification.
(5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section, by himself or any Magistrate subordinate to him or by his predecessor- in- office.
(6) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub- section (4).
(7) Where an application under sub- section (5) or sub- section (6) is received, the Magistrate, or the State Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or it, either in person or by pleader and showing cause against the order; and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing.
Suraj Kumar
(Querist) 22 October 2022
Yes, the competent court ordered as below "**** PS has directed to enquire into the matter and submit report by the next date & OP(s) are restrained for eviction the petitioner without due process of law or distrub the peaceful procession of the petitioner''
Dr J C Vashista
(Expert) 23 October 2022
Show the case file / records to a local prudent lawyer since the complaint is stated to have been filed u/s 420 IPC whereas, PS is stated to have been directed to enquire restraining the accused without due process of law, which are contradictory in each other.
Can you share the case file ?
Presumably unbelievable and unrealistic statement / story.
Suraj Kumar
(Querist) 23 October 2022
1. Money paid through bank.
2. Owner of house handover possession.
3. Owner of house refused registration.
My council advised for filing Title suit with injunction immediately.
Suraj Kumar
(Querist) 23 October 2022
Can permanent injunction be granted on 1st hearing on ex-party.
T. Kalaiselvan, Advocate
(Expert) 24 October 2022
You have lent money for the purpose of business and not for purchase of house, neither the house was purchased on your name.
Just because you are staying there, you cannot claim ownership nor title declaration.
You can file a money recovery suit if it is within the limitation period and can file a petition under order 38 rule 5 seeking an attachment of the property before judgment as security.
If what you say is true that the court has restricted the owner from evicting you, then you can follow up the matter through your own advocate who knows the situation and can advise properly accordingly
Dr J C Vashista
(Expert) 24 October 2022
Neither facts nor query are consistent, prima facie it is a time pass query.
Suraj Kumar
(Querist) 24 October 2022
The competent court has ordered to restrained owner from evicting me u/s 144 CRPC.
S.JEEVAGAN, Madurai.
(Expert) 24 November 2023
Sir,
You can file a civil suit against Ms XXX for recovery of money.
If you are still in the possession of the house allegedly purchased by Ms.XXX with your money, you can also file a suit for mandatory injunction against XXX for not disturbing your peaceful possession over the said property.
Since the money was not given by you to purchase the said house but only for the purpose of doing some business out of your money, you cannot claim that Ms.XXX should sell the house to you.
Simultaneously, you can prosecute Ms.XXX, inter alia, for the offences of criminal breach of trust, cheating, misappropriation of your money, etc.
For, the reliefs available under both civil and criminal laws are independent and not alternative to each other.
