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Can a fresh suit be filed against tenant when have a pending case
17-Jul-2023 (In Civil Law)
My second appeal is going on in highcourt , on nuisecens ground. But tanant not paid rent in court each month . In this case I want to file anthore suit file lower court for rent not paid in each month in court . Can I file a fresh suit?
Yes can file a fresh suit also and as well again it will take a long time and will be more expensive so better go with your same second appeal in high court .Not paying rent will make your case much strong
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Adv. Brij Bhushan Pandit
Jabalpur | 100+ Answers
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To which state do you belong? Generally it is provided in the rent control act of every state that during the pendency of suit or appeal the tenant have to pay each month's rent in court otherwise his defense is stuck out (for example it is provided in s. 13 of M.P. Accommodation Control Act,1961) . So you don't have to file a fresh suit, just bring the non-payment in the notice of the court. If the tenant doesn't pay the rent even after his defense is stuck out then you can pray in the appeal for the additional relief of recovery of rent. If court does not permit to add this additional relief then only you should file fresh suit for recovery of rent and for eviction on the ground of non-payment of rent.
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