plaintiff has made an unregistered agreement with developer and paid 30% advance consideration for a flat in an under construction residential property.
now, plaintiff has cancelled agreement and requested refund of money as per agreement clause.
but , developer has admitted the refund yet not actually refunded the money.
now, problem is in a money suit, plaintiff will get only money decree but no ways to recover the money since developer is not a branded one and does not have any property..
therefore, plaintiff has now decided to file a title suit clàiming interim injunction on the flat as per order 39 rules 1&2 in CPC.
now, question is
a) what will the judge do when an u registered agreement is submitted as an evidence for injunction on the flat
b) if the judge rejects the u registered agreement saying that it is not enforceable by law, then what are the other options to recover money ?
c) is there any way to file a criminal suit and force the defendant to come to settlement through criminal courts ?
d) defendant has admitted the offence on paper and replied that it will refund .. so , can this be considered as a criminal case under section 406 and 420 ?
