Power of Attorney holder can depose regarding what he is having personal knowledge
Introduction:
The case at hand revolves around a property dispute wherein the plaintiffs/appellants assert their rights over a piece of land against the defendants/respondents, the Gala’s. Central to the dispute is the absence of substantial evidence to substantiate the plaintiffs' claims regarding easementary rights and the validity of the plaintiffs' legal representation. This article aims to analyze the legal intricacies surrounding the evidentiary requirements in property disputes, focusing on the principles of personal knowledge, admissibility of documents, and the burden of proof.
Evidentiary Requirements and Legal Representation:
The plaintiffs' case hinges on the deposition of Joki Woler Ruzer, their representative, who purportedly failed to provide first hand testimony to validate the claims made in the plaint. The legal framework dictates that a Power of Attorney holder can only depose on matters within their personal knowledge. They cannot attest to facts beyond their purview or predating their involvement in the legal proceedings. Therefore, the absence of Joki Woler Ruzer's testimony on pre-existing rights or easementary claims significantly weakens the plaintiffs' case.
Admissibility of Documents:
A critical aspect of the dispute is the admissibility of the Sale Deed dated 17.09.1994, which allegedly transferred rights over the disputed land to the Gala’s. The plaintiffs contend that the production of a photocopy of the Sale Deed renders it inadmissible as evidence. Legal precedents affirm that the original document holds paramount importance in establishing authenticity and admissibility. Thus, the reliance on a photocopy, without presenting the original Sale Deed, undermines the credibility of the document and, consequently, the plaintiffs' claims.
Burden of Proof and Acquisition of Easementary Rights:
Central to the dispute is the assertion of easementary rights by the Gala’s over the disputed land. However, the appellate courts and the High Court have ruled in favor of the defendants/respondents, emphasizing the lack of evidence to substantiate such claims. The burden of proof rests with the party asserting easementary rights, necessitating clear and convincing evidence of continuous and uninterrupted use of the land. In the absence of such evidence, the courts rightly dismissed the plaintiffs' claims and decreed in favor of the defendants.
Conclusion:
The case highlights the critical importance of adhering to stringent evidentiary standards in property disputes. The failure to provide firsthand testimony, produce original documents, and meet the burden of proof can significantly weaken a party's legal position.
The Case Discussed:
Case Title: Manisha Mahendra Gala and Ors Vs Shalini Bhagwan
Judgment/Order Date: 10.04.2024
Case No: Civil Appeal No. 9642 of 2010
Neutral Citation: 2024:INSC:293
Name of Court: Supreme Court of India
Name of Hon'ble Judge: Pankaj Mithal and Prashant Kumar Mishra, H.J.
Disclaimer:
This article is meant for informational purposes only and should not be construed as substitute for legal advice as Ideas, thoughts, views, information, discussions and interpretation perceived and expressed herein are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue of law involved herein.
Written By: Advocate Ajay Amitabh Suman
IP Adjutor - Patent and Trademark Attorney
Email: ajayamitabhsuman@gmail.com
Ph No: 9990389539
