I have filed case on old (monthly) tenant u/s 8 MhRC as per lawyer advice in 2016 ...(Case is in process & my evidence is over , now for cross)
after reading Sec 8 & Sec 6 ...I found that (it's fully my interpretation ) if I would have filed case u/s 6 then Sec 8 (Standard Rent is not applicable) & my case may have resolved earlier...(without much hassles of proving Sec 8)
now more than 8 years are over & I am revalue/reassessing my property...(the rent in vicinity now went much high as compared to 2016 ..in my same building)
I am intended to give other notice for enhancing rent u/s 6 ...(new case will be e filed)
my query is
1. will it affect my previous case ?
2. Can 2nd be entertained ?
3. Can I amend my previous plaint & ask to read as Sec 6 ?
(after realising my mistake ? )
My old tenant is paying ₹ ONE per sq ft (I demanded ₹ Ninty in 16) valuation report is of ₹ Seventy five in Oct17...
current valuation report is of ₹ One five Zero/+ .(Jun24)..of same building/premises...
adjoining tenants are paying ₹ 2hundred/- + sq ft ...& earlier (old tenants were paying till 2016 @ hundred ...to hundred forty sq ft)..
now some have enhanced & some have changed
which stand is perfect (to continue with Sec 8, or amend Sec 8 to Sec 6 or file new u/s 6 )
Your forum valuable feedback will be highly appreciated...
Thanks 🙏
You cannot introduce new relief based on the subsequent developments in the case as an amendment to the existing case.
If you are really serious about the variation in monthly rental enhancement you can issue a legal notice to the tenant demanding the same.
However as the matter is pending before court this new case may not be maintainable
