I am from Mumbai and landlord I had filed one case on my tenant of rent and eviction. The grounds are , arrears in rent, non uses and change of user. I had filed in 2023 and two years had passed case is going on but the tenant has still not paid me rent neither deposit court he is not willing to pay. Should I make application for recovery of rent in court??? My advocate adviced me not to make any application for rent as our case is on areas of rent and we had asked for eviction on that ground. If we make application for recovery of rent than our ground will became void . So please advice me what next step to do ??

As per the information provided, if your case against the tenant is already based on arrears of rent as one of the grounds for eviction, filing a separate application for recovery of rent may not be necessary or advisable at this stage. Your advocate seems to be giving you the right advice in this matter.

If the tenant is not paying rent during the pendency of the case, the court may take note of this during the proceedings. Additionally, if the primary relief sought in your case is eviction based on non-payment of rent, the court will likely consider the non-payment of rent as part of the eviction proceedings.

It is important to follow your advocate's guidance and focus on the ongoing case for eviction. If there are any specific concerns or developments regarding the non-payment of rent that could impact the eviction case, it would be advisable to discuss those with your advocate to strategize accordingly.

If you have any further questions or need more specific advice based on the details of your case, please feel free to provide more information.