Introduction:

In a recent judgment, the Supreme Court addressed the scope of testimony by power of attorney holders in property disputes, emphasizing their limitations in providing evidence. The case, MANISHA MAHENDRA GALA vs. SHALINI BHAGWAN AVATRAMANI, involved a dispute over easementary rights claimed by the appellants based on statements made by their power of attorney. However, the Court clarified that a power of attorney holder can only testify to facts within their personal knowledge, casting doubt on the validity of the evidence presented in the case.

Arguments of Both Sides:

The appellants, represented by their counsels, argued for the validity of the evidence provided by their power of attorney regarding the claimed easementary rights. Conversely, the respondents’ counsels contended that the power of attorney holder lacked knowledge of the transaction in question and, therefore, could not provide reliable testimony. The central issue revolved around the extent to which a power of attorney holder can depose before the court on behalf of the represented party.

Court’s Judgement:

In its judgment authored by Justice Pankaj Mithal, the Supreme Court elucidated that a power of attorney holder can only depose about facts within their personal knowledge. Since the power of attorney holder in this case did not have knowledge of the transaction in question, the evidence provided was deemed meaningless. Citing previous decisions, the Court emphasized that a power of attorney holder must witness the transaction and have due knowledge about it to provide valid testimony. Consequently, the Court dismissed the appeal, upholding the lower court’s decision.