4. Rajendra Pai vs. Alex Fernandes AIR 2002 SC 1808

Case Name: Rajendra Pai vs. Alex Fernandes Citation: AIR 2002 SC 1808

Parties Involved:

1. Plaintiff: Rajendra Pai
2. Defendant: Alex Fernandes

Facts:

1. The plaintiff, Rajendra Pai, was the owner of a property in Goa.
2. The defendant, Alex Fernandes, was the tenant of the said property for a period of 11 months.
3. The plaintiff had filed a suit for eviction of the defendant from the property on the grounds of non-payment of rent and subletting the property without the plaintiff's consent.
4. The defendant argued that he was not liable to pay rent as he had already deposited the same with the Rent Authority.
5. The trial court had ordered the eviction of the defendant, but the order was challenged by the defendant before the High Court.

Facts in Issue:

1. Whether the defendant was liable to pay rent to the plaintiff or not.
2. Whether the defendant had sublet the property without the plaintiff's consent or not.

Order:
The Supreme Court upheld the order of the trial court and ordered the eviction of the defendant. The Court held that the defendant was liable to pay rent to the plaintiff and also found that the defendant had sublet the property without the plaintiff's consent, which was a violation of the lease agreement. The Court held that the defendant was in wilful default of payment of rent and was guilty of subletting the property without the plaintiff's consent, thereby making him liable for eviction.