Fair rent case sub judice with additional rent controller
Javed Ali Khan
(Querist) 27 February 2022
This query is : Resolved
I have had filed a petition for fair rent u/s - 17(6) of the West Bengal Premises Act in 2014 before the Additional Rent Controller at Alipur judges Court, Kolkata. The defendant is my tenant. The matter is still as of sub judice since 2014. The hearing date for fair rent fixation was fixed several times. But due to reasons like the opposite party was sick, the post of the ARC was vacant for a long time, then came the COVID-19 pandemic, till date the hearing never happened. Furthermore, after searching rent records, if it found that the tenant has not deposited any rent with the Additional Rent controller ( the previous old rent amount, the postal money order of which I refused earlier ) since 2014, I filed the suit for a fair rent. Could I file a suit for eviction in another court at the same Alipur Judges Court, on the ground that he has never tendered any rent deposit since 2014 with the Additional Rent Controller, nevertheless, the suit for fair rent fixation is still sub judice with the additional rent controller, Judges court at Alipore, Kolkata?
kavksatyanarayana 
(Expert) 27 February 2022
A repeated query. It was asked 5 days back and it was replied.
