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2006 Supreme(Kar) 191

N.KUMAR
BHIMAPPA – Appellant
Versus
ALLISAB – Respondent


Advocates:
Advocate Appeared
Sri V.R. Datar, Advocate for Appellants.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The primary object of Order III Rule 1 CPC is to allow a party to perform certain acts before the court, such as appearing, making applications, or taking necessary steps for the progress of the case, either in person or through recognized agents or pleaders. It aims to facilitate procedural conduct and prevent fraud by unauthorized persons posing as agents (!) .

  2. An agent holding a power of attorney can act on behalf of the principal within the scope of the authority granted. However, such a holder can only depose regarding acts performed by them in exercise of that authority and cannot depose on matters outside their personal knowledge or acts solely performed by the principal (!) .

  3. The scope of the word "acts" in the context of a power of attorney is limited to acts done in exercise of the authority granted by the instrument. It does not include deposing for acts done by the principal or matters only within the principal's personal knowledge, which require the principal's own testimony (!) .

  4. The competence of a person to testify as a witness depends on fulfilling the requirements under the relevant evidence law. A power of attorney holder is competent to testify, but their deposition's evidentiary value depends on whether they have personal knowledge of the facts. If they lack such knowledge, their testimony may have limited weight (!) (!) .

  5. Oral evidence must be direct, meaning it should relate to facts perceived by the witness through their own senses. Hearsay evidence, which involves second-hand information from third parties, is inadmissible to prove the truth of facts and is considered secondary evidence (!) .

  6. The evidence of a power of attorney holder cannot substitute for the personal knowledge of the principal when the law requires the principal's direct testimony, especially on facts within their personal knowledge. Nonetheless, such evidence can be considered when proving documents or acts within the scope of the authority granted (!) (!) .

  7. In a property dispute, the court's findings are based on the appreciation of oral and documentary evidence, including registered sale deeds and admissions by parties. The identity of the property and the ownership rights are determined by examining these documents and the credibility of witnesses (!) (!) (!) .

  8. Discrepancies in boundary descriptions or the identity of the property do not necessarily invalidate the title if the evidence sufficiently establishes the property in question. The courts are entitled to rely on documentary proof and admissions to confirm ownership (!) .

  9. The legal principles regarding adverse possession and the proof of ownership through possession are considered, with courts requiring cogent evidence to establish adverse possession claims. The courts have the authority to evaluate the credibility of such claims based on the totality of evidence (!) .

  10. The procedural rules and the law of evidence collectively support the admissibility of documentary evidence and the testimony of agents or power of attorney holders, provided they have the personal knowledge or authority to speak on the matters in dispute. The courts are to assess the credibility and scope of such evidence accordingly (!) (!) .

Please let me know if you need further elaboration or assistance with specific aspects of this case.


JUDGMENT

This is-a defendants' second appeal. The subject-matter of the suit is, property measuring East to West 11' and North to South 25' bearing No. 518 situated at Adagal Railway Station, Badami Taluk, Bijapur District, now Bagalkot District.

2. The respondent-plaintiff filed a suit for declaration and possession of the suit schedule property. His specific case was one Basanagouda S/o Rudragouda Patil was the owner and in possession of property located in Nandikeshwar Mandal Panchayat Nos. 518 and 519 of Adagal Railway Station, Badami, which he purchased for a consideration of Rs. 23,000/- under a registered sale deed dated 24-9-1990 and he was in possession of the property on the date of sale deed. In the suit schedule property which is shown by letters A, B, C and D in the plaint sketch, defendants are residing on leave and licence granted by his vendor. At the time of the sale of the schedule property in favour of the plaintiff, defendant 1 had executed an agreement letter in favour of his vendor agreeing to vacate the suit property as and when his vendor request him to vacate. They took time to vacate the property. After purchase of the property when the plaintiff requested h



















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