In the High Court at Calcutta

Civil Appellate Jurisdiction

Appellate Side

The Hon’ble Justice Sabyasachi Bhattacharyya

And

The Hon’ble Justice Uday Kumar

F.M.A. No. 800 of 2024

Syed Khawaja Moin and Another

Vs.

Md. Safi Alam

For the appellants : Mr. Sounak Bhattacharya,

Ms. Sreeparna Ghosh, Mr. Anirban Saba Roy

For the respondent : Mr. Anirban Roy,

Mr. Ashim Kumar Roy,

Mr. Abid Jamal

Heard on : 07.08.2025, 12.08.2025

& 18.08.2025

Reserved on : 18.08.2025 Judgment on : 26.08.2025

Sabyasachi Bhattacharyya, J.:-

1. The present appeal arises out of an order of remand. The

plaintiffs/appellants filed a suit for eviction of the defendant/respondent under Section 6 of the West Bengal Premises Tenancy Act, 1997 (hereinafter referred to as “the 1997 Act”) on the grounds of default in payment of rent, reasonable requirement and nuisance and annoyance. During pendency of the suit, the defendant/respondent did not file any application under Section 7(1) or Section 7(2) of the 1997 Act. The learned Trial Judge framed several

issues and decided all of those in her final judgment, granting a decree of eviction on the grounds of reasonable requirement as well as default. The learned Trial Judge, notably, also decided