RAMESWAR DAYAL Vs. RENT CONTROLLOR TRIBUNAL DELHI

JUDGEMENT

(1.) "Petitioner has filed this petition aggrieved by the order dated 7th April, 1998, passed by the Rent Control Tribunal. The Rent Control Tribunal by the said order dismissed the appeal preferred by the petitioner against the order dated' 1.10.1993, by which the application of the respondent OCM Shriram Consolidated Ltd., under Order XXII Rule 10 of the Code of Civil Procedure, was allowed by the learned Additional Rent Controller; By the said order the learned Additional Rent Controller 'permitted respondent DCM Shriram Consolidated'Ltd.' to be substituted in place of M/s. DCM ltd., who were the original petitioner in the eviction petition.

(2.) The respondent DCM Ltd. had filed the eviction petition, under.Clause I of proviso to Section 14(1) and Section 22 of the Delhi Rent Contol Act, alleging that the petitioner, by virtue of being in employment of M/s. Swatantra Bharat Mills was allotted quarter No.B-219, Swatantra Bharat Mips Colony, New Delhi. Petitioner had retired from service and ceased to be in employment, yet,he continued to occupy the said quarter. M/s.Swatantra Bharat Mills was one of the units of M/ s.DCM Ltd.

(3.) During the pendency of the eviction petition a scheme of arrangement between DCM Ltd. and DCM Shriram Industries Ltd., DCM Engineering Industries Ltd; and Rath Foods Ltd. and their'' shareholder's was formulated. The scheme was approved by the Delhi High Court vide orders dated 16.4.1990. M/s.Swatantra Bharat Mills, was a unit of DCM Ltd. The name of OCM Ltd. as subsequently changed to M/s.'DCM Industries Ltd. M/s. DCM Industries ltd., was incorporated on 16.2.1989, changed its name, following the procedure laid down under Section 21 of the Companies Act, to DCM Shriram Consolidated Ltd. it is at this stage that M/s.BCM Shriram Consolidated applied for substitution in the eviction petition which was filed by. M/s. DCM Limited, having the ownership .and control of Swatanter Bharat Mills with whom the petitioner was employed.