Neutral Citation No. - 2025:AHC:85672 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 2998 of 2025 Petitioner :- Hriday Kumar Singh Respondent :- Pramod Narayan Agarwal And 3 Others Counsel for Petitioner :- Apoorva Bhatt,Arpit Agarwal Counsel for Respondent :- Anil Kumar Mehrotra,Srijan Mehrotra Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the petitioner and Sri Anil Kumar Mehrotra, learned counsel for the respondents. 2. The petitioner by means of the present writ petition has assailed the order dated 19.02.2025 passed by the District Judge, Pilibhit in SCC Suit No.3 of 22023, by which he has deferred the disposal of Issue No.4 on the ground that the question of jurisdiction in the instant case is a mixed question of fact and law, and shall be considered at the time of hearing of the case. 3. Learned counsel for the petitioner has contended that on the reading of the documents of the respondents, it is evident that the Court had no jurisdiction to hear the SCC Suit No.3 of 2023, therefore, the learned District Judge has erred in law in directing the Issue No.4 to be decided at the time of final hearing. 4. Be that as it may, the question as to whether the landlord is lessor or not and has right to institute suit is a question of fact which can be determined on the basis of evidence on record. 5. Since, the disposal of Issue No.4 requires the consideration of evidence on record, and thus, being a mixed question of fact and law, therefore, in such view of the fact, this Court finds that the District Judge has not committed any error in directing the Issue No.4 to be decided at the time of hearing. 6. Consequently, the writ petition lacks merit and is hereby dismissed with no order as to costs. Order Date :- 21.5.2025 NS Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad