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 ??

In your situation, if your advocate has advised against making an application for the recovery of rent separately, it is important to consider their advice carefully. By filing for recovery of rent separately, you may inadvertently weaken your case for eviction based on arrears of rent.

However, it is crucial to ensure that you are not losing out on any rights to claim rent that is owed to you. You may want to discuss with your advocate the possibility of including a prayer for recovery of rent in the main case itself, without filing a separate application for it. This way, you can still seek to recover the outstanding rent without risking the strength of your case for eviction.

Ultimately, the decision on whether to file a separate application for recovery of rent should be made after careful consideration of the specific details of your case and in consultation with your advocate. Your advocate is in the best position to provide guidance based on their knowledge of the facts and applicable laws.