Co-owner eviction and attorney-created tenancy can sustain landlord-tenant relationship and restore eviction relief.

In rent control eviction proceedings, one co-owner may maintain an eviction petition in his own right unless the other co-owners object, and a tenant cannot resist eviction merely by insisting that all co-owners be joined; later impleadment of the omitted co-owner also removes that objection. A tenancy created by an attorney-holder is treated in law as an act of the principal, because an agent acting under a power of attorney acquires no personal right or interest by that act. On those principles, the landlord-tenant relationship was established with the original owner and, after his death, with his heirs, so the revisional interference was unwarranted and the eviction order was restored.

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Issues: (i) whether an eviction petition under rent control law is not maintainable for non-joinder of one co-owner, and (ii) whether a tenancy created by an attorney-holder is attributable to the principal so as to establish the landlord-tenant relationship between the principal's heirs and the tenant.

Issue (i): whether an eviction petition under rent control law is not maintainable for non-joinder of one co-owner.

Analysis: The rule governing eviction proceedings is that one co-owner can maintain the proceeding in his own right unless the other co-owners object. A tenant cannot defeat eviction by insisting that every co-owner must be joined. The later impleadment of the daughter of the original owner also removed any factual basis for the objection.

Conclusion: The eviction petition was maintainable and could not fail for non-joinder of the co-owner.

Issue (ii): whether a tenancy created by an attorney-holder is attributable to the principal so as to establish the landlord-tenant relationship between the principal's heirs and the tenant.

Analysis: An agent acting under a power of attorney acts on behalf of the principal and does not acquire any personal right, title, or interest by the act done in that capacity. A tenancy executed by the attorney-holder is therefore treated in law as an act of the principal. On the facts, the tenancy was created for the original owner, and on his death the landlord's rights devolved upon his heirs.

Conclusion: The landlord-tenant relationship stood established between the original owner, and thereafter his heirs, and the tenant.

Final Conclusion: The revisional interference was unwarranted, the eviction order stood restored, and the tenant's challenge failed while the landlords' eviction claim succeeded on merits.

Ratio Decidendi: In rent control eviction proceedings, a single co-owner may maintain the petition, and acts done by an attorney-holder within authority are legally acts of the principal, not of the agent personally, for purposes of creating or proving tenancy rights.

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