Manisha Mahendra Gala vs Shalini Bhagwan Avatramani 2024 INSC 293 :: [2024] 4 S.C.R. 357 – Easements – Power Of Attorney- S 107 CPC

Power Of Attorney – Power of Attorney holder can only depose about the facts within his personal knowledge and not about those facts which are not within his knowledge or are within the personal knowledge of the person who he represents or about the facts that may have transpired much before he entered the scene -Referred to A.C Narayan vs. State of Maharashtra (2014) 11 SCC 790 and Janki Vashdeo Bhojwani vs. IndusInd Bank Ltd.(2005) 2 SCC 217. (Para 28-29)

Indian Easements Act, 1882; Section 13- Easementary right by necessity could be acquired only in accordance with Section 13 of the Act which provides that such easementary right would arise if it is necessary for enjoying the Dominant Heritage. When there is an alternative way to access the Dominant Heritage, which may be a little far away or longer, it demolishes the easement of necessity. (Para 32) – Distinguished Dr. S. Kumar & Ors. vs. S. Ramalingam: In Dr. S Kumar case, the right of easement claimed was expressly granted under the sale deed to the buyer and therefore it was held that the right so granted cannot be defeated or extinguished merely for the reason that easement of necessity has come to an end. (Para 32-34

Code of Civil Procedure, 1908; Section 107- Powers of the appellate court vis-à-vis to determine the case finally; to remand the case; to frame issues and refer them for trial; and to take additional evidence or to require such evidence to be taken – The first appellate court is empowered to exercise powers and to perform nearly the same duties as of the courts of original jurisdiction. Therefore, the first appellate court has the power to return findings of fact and law both and in so returning the finding, it can impliedly overturn the findings of the court of first instance if it is against the evidence on record or is otherwise based upon incorrect interpretation of any document or misconstruction of any evidence adduced before the court of first instance.(Para 39)

Indian Evidence Act, 1872 – The photocopy of a document is inadmissible in evidence. (Para 36)

Indian Easements Act, 1882; Section 4 -‘Easement’ is defined to mean a right which the owner or occupier of a land possesses for the beneficial enjoyment of his land on the other land which is not owned by him, to do and continue to do something or to prevent and continue to prevent something being done on the said land. It may be pertinent to mention here that the land which is to be enjoyed by the beneficiary is called ‘Dominant Heritage’ and the land on which the easement is claimed is called ‘Servient Heritage’. The easementary right, therefore, is essentially a right claimed by the owner of a land upon another land owned by someone else so that he may enjoy his property in the most beneficial manner. (Para 19)

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