Trustee - perpetual injunction

Querist : Anonymous (Querist) 02 May 2023 This query is : Resolved
I have lent Rs XXXXX to my friend on trust ( good faith- no agreement ) to start a business. With my money he has purchased a shop in his name, although I am running business there with my personal.

Now my friend send a property dealer to sell the shop & forfeit my money.

Can I approach court for perpetual injunction u/s 38 of specific relief act considering my friend as my trustee.

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Quick Summary

A person lent money to a friend to start a business, and the friend used it to buy a shop in his own name. Now the friend is trying to sell the shop. The lender is asking if they can get a perpetual injunction, considering their friend a trustee. The advice suggests that a perpetual injunction is unlikely based on the facts. Instead, the recommended course of action is to send a legal notice and then file a suit for the recovery of the loan amount, potentially seeking to attach the property as security.

kavksatyanarayana (Expert) 02 May 2023
No. Send him a legal notice and then file a complaint to the police station. Then file a money suit.

T. Kalaiselvan, Advocate (Expert) 03 May 2023
If you have lent money to him and he is not returning or responding then you can issue a legal demand notice demanding the return of the borrowed amount.
If he fails to respond or comply with the demands made, then you can file a money recovery suit along with an application seeking to attach his property before judgment towards security for the borrowed amount.

Advocate Bhartesh goyal (Expert) 03 May 2023
No, Court will not grant you injunction on the mentioned facts better file suit for recovery of loan amount along with application under order 38 rule 5 cpc and get attached disputed property.

P. Venu (Expert) 03 May 2023
Yes, you may serve a legal notice. The facts needs to improvised to take care of the question of limitation.

You also have the option of taking up the issue with the Adalats functioning under the Taluka and Legal Service Authorities.

Dr J C Vashista (Expert) 03 May 2023
Do you have any proof of lending money to your friend e.g. payment made by cheque, NEFT, RTGS as I could not find in the facts posted by you ?
If so (no evidence), how would you be able to prove your claim in the Court of law ?

The money stated to have been lended has no nexus, relevance or connection with purchase of shop except the fact that the subject shop was under mortgage / collateral security for loan. Accordingly you can not get stay order on sale of the shop.

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