In Brief
The appellants, as heirs of the original property owner, sought to evict a tenant who had occupied the premises under a lease executed by a power of attorney holder. The High Court dismissed the eviction petition on two grounds: non-joinder of another co-heir and that the tenancy was with the attorney-holder, not the original owner. The Supreme Court reversed these findings, holding that an attorney-holder acting under power of attorney creates tenancy on behalf of the principal without acquiring personal rights; the tenancy devolved on the heirs by law. The Court also reaffirmed that not all co-owners need be joined in eviction petitions. The appeal was allowed and eviction ordered.
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