Benami property - is injunction possible ?

Querist : Anonymous (Querist) 25 April 2023 This query is : Resolved
During live in relation ( five years ) with my partner, on good faith I have lent him money on verbal promise to return. With the money he has purchased a property in his name at very good location for business purpose, so that he make money double within few years.

I have filed a money suit in competent court against him since refused to return my money & repeatedly try to ousting me from possession by force with muscle power.

Is live in relation for five years can we treat as spouse ? I have heated Supreme Court had considered long time live in partners as married.

I have heard as per Benami Property Act spouce is never been considered as benamider.

Can I file declaration suit for the property in my procession considering our relationship as spouse ??

I am helpless lady, please advise.

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adv. rajeev ( rajoo ) (Expert) 26 April 2023
Already you have filed a suit for recovery of money, but you have not mentioned the documents produced before the court to prove your case?

Querist : Anonymous (Querist) 26 April 2023
Account of statement, bank to bank NEFT money transfer.

T. Kalaiselvan, Advocate (Expert) 26 April 2023
You have approached court for a relief.
Whereas you are asking a question that whether you can approach court in a different suit with the same cause of action.
You already filed a suit for recovery of your money, in that case where is the property coming into picture. If you get a decree in your favor then you can file an execution petition seeking to attach the property lying on his name

P. Venu (Expert) 26 April 2023
Yes, it is the best course to pursue with the ongoing money suit.

Advocate Bhartesh goyal (Expert) 27 April 2023
Since you have already filed suit for recovery of money which you lent to him now you are legally estopped to file another suit for declartion against him on same pleas taken in money recovery suit.

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