File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Power of Attorney holder can depose regarding what he is having personal knowledge

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.

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.

Ideas, thoughts, views, information, discussions and interpretation expressed herein are being shared in the public Interest. Readers' discretion is advised as these are subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the fact and issue involved herein.

Written By: Advocate Ajay Amitabh Suman, IP Adjutor - Patent and Trademark Attorney
Email: [email protected], Ph no: 9990389539

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly