SHYLENDRA KUMAR, J.

( 1 ) THE petitioner is a Wakf Institution registered under the provisions of Wakf Act, 1954, and is being administrated by its Administrator. It functions under the provisions of Wakf Act and supervision of karnataka State Board of Wakf.

( 2 ) THE petitioner institution had initiated action against the second respondent who was a tenant in respect of a portion of the property owned by the petitioner for evicting that tenant under the petitioner for evicting that tenant under the provisions of Karnataka Public premises (Evictions of un-authorised occupants) Act, 1974 (hereinafter referred to as Act ). The competent officer after receipt of the complaint issue notice to the second respondent and held an enquiry which terminated in the eviction order dated 27. 4. 2001 (Copy at Annexure-A ).

( 3 ) IN respect of such an order, the person aggrieved is entitled to prefer an appeal under Section 10 (1) of the Act and the appeal lies to the District judge having jurisdiction over the area.

( 4 ) ). The second respondent who has suffered an order of eviction has preferred an appeal to the Karnataka Wakf Tribunal, Bangalore division, Bangalore in TAC/4/2001-02 under Section 83 of the Wakf act. The appeal/application was opposed to and the petitioner raised a preliminary objection contending that the Tribunal has no jurisdiction to entertain an appeal or application of this nature in as much as an appeal can be presented under Section 10 (1) of the act only before the District Judge having jurisdiction and not to any other Judge or tribunal. In respect of such preliminary objection raised on behalf of the petitioner/wakf Institution, the Tribunal has passed an order dated 11. 3. 2002 holding that the appeal which has been filed under Section 10 (1) of the Act read with Section 83 and 85 of the Wakf Act is maintainable and further held that it is only that Tribunal which has jurisdiction to entertain the appeal and no other Civil Court.

( 5 ) THE learned Counsel for the petitioner submits that the Tribunal has also granted an order of stay, staying the operation of the order of eviction passed by the competent officer. Aggrieved by this Order, that the Wakf Institution has approached this Court under Articles 226 and 227 of the Constitution of India.

( 6 ) SHRI P. S. Malipatil, learned Counsel for the petitioner drawing attention of this Court to the provisions of the premises Act submits that the appeal if at all can be preferred and should be presented under Section 10 (1) and only to the particular officer and before the forum mentioned under the very provision and not to any other tribunal or Judicial Officer. It is submitted that the action taken in respect of Wakf property is under the provisions of Karnataka Public premises (Evictions of Unauthorised Occupants) Act, and the appeal also lies under this Act and therefore, the provisions of Wakf Act particularly Sections 83 and 85 of the Act are not attracted to the said situation. It is also submitted that the Tribunal has also no jurisdiction to entertain the appeal nor has jurisdiction to pass any order in respect of the order passed by the competent officer under the provisions of Eviction Act.

( 7 ) THE learned Counsel for the 2nd respondent/tenant fairly concedes that the appeal had been wrongly preferred and was being prosecuted before Wakf Tribunal and makes a request for permission to present the appeal before the appropriate forum and further requests that the time spent in prosecuting the appeal before the tribunal may be excluded for the purpose of computing the period of limitation.

( 8 ) IN so far as the order passed by the Tribunal dated 11. 3. 2002 is concerned, it not only suffers from want of jurisdiction in as much *writ Petition No. 16653/2002 (GM-PP) dated 28th May 2003 as the Karnataka Wakf Tribunal cannot assume jurisdiction to entertain the appeal preferred under Section 10 (1) of the Eviction act in the guise of exercising jurisdiction unde

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