Fair rent case
Javed Ali Khan
(Querist) 22 February 2022
This query is : Resolved
I have filed a petition for fair rent in 2014 at Additional Rent Controller, Judges court, Alipur, Kolkata. The opposite party is my tenant, who was paying a monthly rent of Rs. 500. As for fair rent of Rs. 1600, I filed the petition. The matter is still sub-judice at the hearing stage, since 3 years as of date. It has been discovered after searching rent records that the opposite party has not deposited even a single month's rent with the Rent controller since the matter is in court.
Now, my query is, could I file an eviction suit simultaneously, on the ground that he is a defaulter since 2014 and has not deposited any rent with the Rent controller when the matter of fair rent is sub-judice with the Additional Rent Controller?
kavksatyanarayana
(Expert) 22 February 2022
Yes. But what is the opinion of your own counsel? I opine you shall file another petition requesting the court to direct the tenant to deposit the old rent(as he is a defaulter since 2014) in the court and the court in its discretion orders as deemed fit.
kavksatyanarayana
(Expert) 22 February 2022
sorry, missed some words: the court in its discretion orders to enhance rent.
