In the High Court at Calcutta Civil Appellate Jurisdiction Appellate Side The Hon’ble Justice Sabyasachi Bhattacharyya And The Hon’ble Justice Supratim Bhattacharya, J FMA No. 1765 of 2025 +

CAN 1 of 2025 Malek Sultan Vs.

Zeenat Khanum and others For the appellants : Mr. Arif Ali, Mr. Yusuf Ali Mirza, Mr. Sarban Bhattacharya, Mr. S. Dutta For the respondent : Mr. Sourav Sen, Sr. Adv., Ms. Adrisnata Chakraborty, Ms. Subhangi Bhattacharya Heard on : 15.12.2025 Judgment on : 15.12.2025 Sabyasachi Bhattacharyya, J.:-

1. Since questions of both fact and law are involved in the present appeal, which has been preferred against an order of remand passed by the learned first appellate court, we admit the appeal to be heard on the grounds taken in the Memorandum of Appeal.

2. In view of the short conspectus of the appeal and since the same can be decided on the basis of the pure questions of law raised by the learned Advocate for the appellant upon scrutiny of the judgments of both the courts below without entering into further materials or evidence, we take up the appeal itself for disposal.

3. The matter arises out a suit for eviction filed under Section 6 of the West Bengal Premises Tenancy A