Power of attorney holder has filed appeal against eviction decree after ten months. I am owner of a land. That was given as lease to a person. He was doing agriculture works and later on opened a dairy. The lease was for five years. After completion of tenure the lessee did not hand over the transfer of land. Then I filed a civil suit for eviction and compensation. The lessee appeared and contested the suit. But ultimately the court has decreed the suit in my favour. The court finds that the tenure of lease was for only five years.
Lessee did not file appeal against the eviction decree. After ten months his power of attorney holder filed an appeal. That power of attorney was executed after passing of eviction decree. Now the court has admitted the appeal and issued notice to me. They are trying to linger on the transfer of land because they are earning from dairy. I have been suffering from the delayed practice of handing over land. I am unable to enjoy the land and incurring huge legal expense. Thanks in advance.
Asked from: Haryana
This appeal is not maintainable. The power of attorney holder has no right to challenge the decree and lacks locus standi in this case. It is an undisputed fact that the appellant entered the land only after the eviction decree was passed. The judgement debtor (lessee) lost all rights with respect to the suit property after passing of decree/judgement.
Subsequently, the lessee executed a power of attorney and delegated his rights to the appellant. This delegation is illegal per se. Furthermore, the act of allowing another person to enter the property is also unlawful. Under the current circumstances, the appellant is a trespasser and has no legal right to interfere with the said land. Therefore, he has no right to file an appeal against a decree that has already attained finality.
The defendant i.e. lessee did not file an appeal within the prescribed period, and thus the decree has become final. A power of attorney holder, being a stranger to the suit, cannot prefer an appeal. He has no locus standi to do so, and hence, the appeal will stand dismiss at the initial stage.
You should file an objection challenging the appellant’s locus standi in the appeal. The court is likely to dismiss the appeal on the ground that power of attorney holder has no locus to file appeal.
