Dilip Kumar Seth, J. - (1.) Petitioner had preferred this writ petition in his individual capacity though in the body of the pleading it has been contended that he holds power of attorney on behalf of the owners of the property. My attention has been drawn to annexure "D" of the writ petition being copy of the power of attorney which runs as follows: "To appear and represent us in all Courts and in all jurisdiction before Collector/Assessor of Calcutta Municipal Corporation and any other department of Calcutta Municipal Corporation, all Commissioner, Revenue Collectors, Collectors, Public Officers, Police Officers, Judges, Magistrates and before all other competent Courts of Law, Registrars, Sub-Registrars and other person or persons or before any other competent authority/authorities or before the officers of Calcutta Improvement Trust, Calcutta Metropolitan Development Authority and Competent Authority of Urban Land (Ceiling and Regulation) Act, 1976, Income Tax Authority/Authorities and Tribunals whatever to deposit and to withdraw money and grant receipts therefore and to take all such step/steps and to do and execute all such acts and things as may be deemed necessary and expedient."
(2.) Relying on this passage Learned Counsel for the petitioner contends that the petitioner is entitled to move the petition in his individual capacity without describing himself as attorney. I am afraid that such proposition cannot be accepted. Even if the conditions contained in clause (I) may empower the petitioner to do all acts on behalf of the executors but still then he has to do in the capacity of an attorney and not in his individual capacity. The terms as reproduced above does not show that the petitioner can move the petition in his individual capacity and not on behalf of the attorney. Be that as it may, an attorney always acts on behalf of the executor. He has to describe himself as an attorney. Even if he is an attorney he has no individual right in respect of such property other than that of the owner.
(3.) The Power of Attorney Act, 1882 defines power of attorney in section 1A. "The power of attorney includes any instrument empowering a specified person to act for and in the name of the person executing the power of attorney." Section 2 empowers the holders of the power of attorney to execute any instrument or to do anything with his own name and signature and his own seal within the authority of the executor of the power of attorney and such document and execution shall be deemed as it has been executed or done by the holder of the power of attorney in the name and with the signature of the donor thereof. Thus, while the holder of the power of attorney is empowered to act in his own name but he acts on behalf of the donor of the power of attorney. Therefore, the donee has to signify that he is to execute the documents as attorney of the donor and on his behalf. He cannot execute the document in his own name without referring to the fact that he is executing it on behalf of the donor as his attorney.;