JUDGMENT

Amit Borkar, J. - This revision application under section 115 of the Code of Civil Procedure, 1908 is directed against the judgment and order dated 6 August 2009 passed by the City Civil Judge, Greater Bombay in Miscellaneous Application No.158 of 2008 by which judgment and order passed by the Estate Officer in Case Nos.003 and 003A of 2003 dated 18 July 2008 was set aside.

2. The facts set out in the civil revision application revealed that the applicant is a government company wholly owned by the Central Government. Therefore, premises which belongs to the applicant is public premises within the meaning of section 2(e) of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereafter, "Public Premises Act", for short). The applicant owns a building (residential complex) at Malabar Hill known as Mayfair Gardens.

3. Respondent No.1 is allegedly a sick company. Flat No.A/3 on the 1st Floor of Mayfair Gardens, Malabar Hill, measuring 3252 sq.ft., was given to respondent No.1 on a leave and license basis. The last leave and license agreement was executed with respondent No.1 on 3 March 1995, 5 years from 1 October 1994. The said leave and license agreement expired