Regarding rent

Vasudevan (Querist) 03 September 2021 This query is : Resolved
I am a landlord rented out my shop to a tenant. He had defaulted in payment of rent. I had filed a case for eviction on the ground of self occupation and default in rent. Meanwhile, the tenant has also filed a separate suit for deposit of rent in the court a year ago. I was not aware of the suit filed by the tenant. I had furnished my bank a/c. details to the tenant to deposit the rent directly into my account till the case of eviction filed by me. The tenant has also deposited the rent directly into my account. Now I got the summon for the suit filed by the tenant. The summon was delayed due to corona lock down. As the tenant is already paying rent into my account, do I have to respond the summon? What further step I have to take on the suit filed by the tenant?
Thanks in advance.

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A landlord is seeking eviction of a tenant for personal use and due to rent default. The tenant has separately filed a suit to deposit rent in court, which the landlord was unaware of. Although the tenant is now paying rent directly into the landlord's account, the landlord has received a summons for the tenant's suit. The landlord is seeking advice on whether to respond to the summons and what further actions to take regarding the tenant's case.

Dr J C Vashista (Expert) 04 September 2021
Your lawyer is the best person to analyse the facts and advise/ proceed.

kavksatyanarayana (Expert) 04 September 2021
Yes. I think you have already engaged a lawyer. What is his opinion? I opine you have to withdraw the case filed by you.

Vasudevan (Querist) 05 September 2021
Respected Learned Expert(s), I have filed the case for eviction of tenant for my personal use. My tenant has filed the case to deposit the rent in the court till the verdict on my eviction petition. My advocate suggest that we need not respond for the case filed by the tenant as the ex-parte, if any passed by the court only permits the tenant to deposit the rent which shall no way affect the right of the landlord. Kindly clarify. Thanks in anticipation.

P. Venu (Expert) 06 September 2021
You can apprise the Court of the present status and get the matter closed. Also, you need to amend your petition because of the changed circumstances.

Vasudevan (Querist) 09 September 2021
Much obliged by the response of Learned Expert Shri P. Venu.

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