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?

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A landlord filed a fair rent petition in 2014, seeking to increase rent from Rs. 500 to Rs. 1600. The case has been ongoing for three years. It has since been discovered that the tenant has not deposited any rent with the Rent Controller. The landlord is now asking if they can simultaneously file an eviction suit based on this default.

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.

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