ejectment
rsagarjain
(Querist) 04 September 2009
This query is : Resolved
Plaintiff suit for eviction from her house on ground that she needs accommodation for her sons who are going to get married. Plaintiff has not stepped into the witness box though witnesses including her power of attorney have been examined on her behalf. Is plaintiff entitled to a decree? Plaintiff has not stepped into the witness box to express her need. Request Opinion with case law. Thanks.
Kiran Kumar
(Expert) 04 September 2009
well u ll find contradictory opinion in this regard.
generally the rule is the things which are in the personal knowledge of the plaintiff or defendant those can be deposed by him only and not by the POA....but the strict principle of CPC are not applicable to rent proceedings under the rent act.
if the need of the landlord is proved as bonafide then there is no harm is deciding the matter in favour of landlord.
firm opinion can only be made after looking into the evidence...how the POA has deposed and to what extent he was able to show the need of the landlord and what other witnesses deposed...whether the sons were examined or not...all such points are relevant.
Adinath@Avinash Patil
(Expert) 05 September 2009
If landlord prooved his bonafide by giving documentary & oral evidence then lanlord can succeed. POA holder can depose on behalp of landlord.
G. ARAVINTHAN
(Expert) 05 September 2009
Rent control proceedings different..
For suit, the documents and termination notice filed by the plaintiff will ..
H. S. Thukral
(Expert) 05 September 2009
Kindly refer to Ram prasad Vs Hari Narain and others AIR 1998 RAJASTHAN 185
Janki Vashdeo Bhojwani and another Vs Indusind Bank Ltd and others
(2005) 2 Supreme Court Cases 217.
Wherein it is held that the power of attorney holder is not entitled to appear as witness for party appointing him as such power of attorney. The power to depose in place of principal extends only to depositions in respect of acts done by power of attorney holder in exercise of power granted by the instrument. The act would not include deposing in place of and instead of the principal for acts done by principal and not by power of attorney holder. The person who is unable to appear in the witness box can by examined by appointing a Local Commissioner. Power of attorney holder cannot depose in place of Pincipal.
