► **Background:** This case pertains to a *commercial shop in Delhi*. Mr. X is the *registered tenant* who has paid rent to a religious trust (landlord) for years. Mr. Y, initially a helper under Mr. X, later took *actual possession* of the shop.
The landlord has filed an *eviction suit* against Mr. X. Meanwhile, Mr. Y has filed a civil suit before the *Ld. Civil Judge (Senior Division)* seeking:
1. Restoration of electricity (in Mr. X’s name),
2. Protection from dispossession without due process,
3. To be added as Respondent No. 2 in the eviction case.
**❓Legal Questions:**
1.
**Right to Electricity:** Can someone in possession (but not a legal tenant) of a *commercial* property claim protection under *Article 21* or *Section 151 CPC* for basic amenities like electricity?
2.
**Execution of Eviction:** If Mr. X surrenders tenancy and Mr. Y’s suit is dismissed, can the landlord evict Mr. Y under *Order 21 Rule 35(1) CPC*?
3.
**Surrender Without Possession:** Is surrender of tenancy without physical possession legally valid? If the landlord refuses it, is Mr. X still liable for rent while Mr. Y occupies?
4.
**Landlord’s Knowledge:** Mr. Y produced *donation receipts* from the landlord’s trust to show the landlord knew he was in possession. Can this imply consent?
5.
**Injunction Validity:** Can courts grant interim protection (injunction) to someone in mere possession without title? Can Mr. Y be added as a party?
6.
**Arguing Through Son:** Mr. X’s son wants to appear and argue the case. Is a *Power of Attorney under Order 3 CPC* enough to argue before court?
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