Case Summary
The case involves Gupthan Namboothiri filing a suit against Molly and Manju Bose regarding boundary fixation and drainage obstruction. The defendants contest the authority of Gupthan's power of attorney holder to act on his behalf.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court determined that the power of attorney holder does not have the necessary personal knowledge to testify on behalf of the plaintiff.
The court determined that the power of attorney holder does not have the necessary personal knowledge to testify on behalf of the plaintiff.
Judgment Evidence:
Hence the power of attorney holder cannot depose on behalf of the plaintiff in the instant case.
Parties Involved
Plaintiffs
Gupthan Namboothiri (74 years)
Chathamangalath Mana,Udayamperoor.P.O.,Manakunnam Village, Kanayannur Taluk, Ernakulam District, Pin – 682 307
Bhavadasan Namboothiri (39 years)
Chathamangalath Mana, Udayamperoor.P.O., Manakunnam Village, Kanayannur Taluk, Ernakulam District, Pin 682 307
Defendants
Molly (60 years)
Chuthamparambil, Udayamperoor.P.O, Manakunnam Village, Kanayannur Taluk, Ernakulam District, Pin 682 307
Manju Bose (39 years)
Chuthamparambil, Udayamperoor.P.O, Manakunnam Village, Kanayannur Taluk, Ernakulam District, Pin 682 307
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Mandatory injunction to not to obstruct the drainage provided in the land.
Evidence:
the contention is that such a stipulation was retained while transferring property to the predecessor in interest of the defendant, and there is no averment that power of attorney holder also has the knowledge about the same.