Eviction of tenant.

Eviction suit filed on the ground of non payment of rent. tenant got benefit of s.15(2) of DRCA. Thereafter owner filed suit challenging the jurisdiction of DRC on the premises area. During pendency of jurisdiction suit the tenant stops paying rent. Now can the owner succeed by withdrawing his jurisdiction suit and filing suit for eviction on ground of second fault for non payment of rent. Thanks to all seniors for taking time for their valuable opinion.