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 ??

Detailed Legal Analysis

In your situation as a landlord in Mumbai, it is advisable to consider the implications of filing a separate application for recovery of rent while your eviction case is ongoing. Although your advocate has suggested against it, evaluating the legal framework and potential outcomes is crucial.

Under the Maharashtra Rent Control Act, 1999, landlords have specific rights regarding rent recovery and eviction. Normally, if a landlord files for eviction on grounds of arrears in rent, pursuing a separate application for recovery of rent may complicate the matter. However, it does not necessarily void the original ground for eviction. Here are some key considerations:

• Current Legal Proceedings: Since your eviction case is already filed and is ongoing, the court is aware of the grounds of arrears, non-usage, and change of user. The court can direct the tenant to pay the arrears as part of the eviction proceedings.
• Adding Recovery of Rent: Filing a separate application for recovery of rent under Section 11 of the Maharashtra Rent Control Act may be permissible. This section allows landlords to recover rent due from tenants. However, it is essential to ensure that the application does not contradict your current case.
• Impact on Eviction Ground: Pursuing a recovery application should not inherently invalidate your existing claim for eviction based on arrears of rent, as both can be addressed concurrently unless the court directs otherwise.
• Seek Legal Clarification: Discuss with your advocate whether filing for recovery would provide financial relief or complicate your eviction proceedings. A strategy may be needed to emphasize that the recovery action does not undermine the eviction case.
• Consider Alternative Dispute Resolution: If possible, explore mediation or negotiation with the tenant regarding the arrears to settle the matter amicably without further litigation.

Ultimately, your next step should involve a detailed discussion with your advocate about the potential benefits and risks of filing for rent recovery. If your advocate remains firm against it, consider seeking a second opinion from another legal expert who specializes in tenancy matters. The goal should be to find the most effective way to ensure you receive the dues owed to you while maintaining your position in the ongoing eviction case.