Power Of Attorney Holder, Who Was Vendee & Witnessed Execution, Can Give Evidence On Agreement To Sell : Supreme Court

The Supreme Court observed that when multiple plaintiffs are involved in an agreement to sell, a power of attorney holder may testify on behalf of another plaintiff on matters requiring his personal knowledge. The bench comprising Justice Vikram Nath and Justice Prashant Kumar Mishra reasoned that since the power of attorney, who is also a plaintiff, witnessed the execution of the agreement to sell and had first-hand knowledge of the execution, therefore he can very well testify about matters requiring personal knowledge of the principal, such as the principal's state of mind or readiness and willingness to perform obligations under a contract. However, distinguishing the aforesaid proposition from the facts of the present case where the plaintiff's power of attorney also happened to be another plaintiff, the judgment authored by Justice Vikram Nath said that since the plaintiff's power of attorney was present at the time of execution, and were personally aware of all the facts, therefore the agreement to sell cannot be disputed based on the power of attorney holder's deposition proving the agreement to sell execution. Also From Judgment: Not Every Plaintiff Must Prove Sale Agreement's Execution If Another Plaintiff Having Firsthand Knowledge Proves Execution : Supreme Court Case Title: SHYAM KUMAR INANI VERSUS VINOD AGRAWAL & ORS., CIVIL APPEAL NO.