JUDGMENT : 1. Heard learned counsel for the parties as well as Sri Q.H. Rizvi, learned Advocate who assisted the Court in the matter. 2. The challenge herein is to an order dated 04.10.2019 passed by U.P. Waqf Tribunal, Lucknow in Misc. Suit No. 20 of 2019; Waqf Nawab Amjad Ali Khan Vs. Mohd. Afzal by which application of the revisionist under Section 83 has been rejected on the ground that relief of eviction of defendant-tenant from Waqf property and for recovery of rent, arrears and damages is not maintainable before the Waqf Tribunal and for this relief the petitioner-applicant would have to approach the Civil Court, as, the suit is not covered by the disputes specified in Section 6 and 7 of U.P. Waqf Act, 1995. Accordingly, applying Order VII Rule 10 CPC the Waqf Tribunal has returned the plaint to the petitioner for presentation before the proper Court. 3. In taking this view the Tribunal has been persuaded by the decisions of the Supreme Court reported in (2010) 8 SCC 726 ; Ramesh Gobindram (dead) through LRs. Vs. Sugra Humayun Mirza Waqf, (2015) 3 SCC (Civ) 419; Faseela M. Vs. Munnerul Islam Madrasa Committee and Anr. and a decision of the Allahabad High Court in the case of Haji Ali Akbar Vs. Waqf Alal-Allah/Alal Khair Waqf rendered on 24.01.2019 in Petition No. 330 of 2019. 4. On a bare perusal of the aforesaid decisions the Court finds that all the said decisions pertain to a factual scenario existing prior to the amendment in Section 83 of the Waqf Act, 1995 by Act No. 27 of 2013 and the proceedings in question had been initiated prior to the said amendment. By the Act 27 of 2013 the following provision has been substituted as Section 83(1):- “(1) The State Government shall, by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the determination of any dispute, question or other matter relating to a waqf or waqf property, eviction of a tenant or determination of rights and obligations of the less or and the lessee of such property, under this Act and define the local limits and jurisdiction of such Tribunals.” 5. The amending Act of 2013 has come into effect w.e.f. 01.11.2013 as per Notification dated 29.10.2013 which reads as under:- “In exercise of the powers conferred by sub-section (2) of Section 1 of the Wakf (Amendment) Act, 2013 (No. 27 of 2013), the Central Government hereby appoints the 1st day of November, 2013 as the date on which the provisions of the said Act shall come into force.” 6. In view of the amended provision Tribunals are empowered for determination of any dispute, question or other matter relating to a waqf or waqf property, eviction of a tenant or determination of rights and obligations of the less or and the lessee of such property, under the Act, 1995. The amended provision has not been taken note of by the Tribunal and it has erred in relying upon decisions which are not based on the amended provision but are based on the provision existing prior to the amendment. 7. The Waqf Tribunal at Lucknow has been constituted by Notification dated 03.03.2014 subsequent to the aforesaid amendment of 2013. 8. Reference may also be made to Paragraph 45 to 47 of a recent decision of the Supreme Court reported in (2019) 4 SCC 698 ; Punjab Wakf Board Vs. Sham Singh Harike which was placed before the Court by Sri Q.H. Rizvi which read as under:- “45. Section 83 sub-section (1) has been substituted by Act 27 of 2013. Substituted sub-section (1) is as follows: “83. Constitution of Tribunals, etc. - (1) The State Government shall, by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the determination of any dispute, question or other matter relating to a waqf or waqf property, eviction of a tenant or determination of rights and obligations of the lessor and the lessee of such property, under this Act and define the local limits and jurisdiction of such Tribunals.” 46. Section 83 sub-section (1) specifically includes eviction of a tenant or determination of rights or obligations of the lessor and lessee of such property. 47. In both the suits giving rise to these appeals the suits were filed much before the amendment of Section 83 by Act 27 of 2013. We, thus, in the present case have to interpret Section 83 as it existed prior to the above Amendment, 2013.” 9. 47. In both the suits giving rise to these appeals the suits were filed much before the amendment of Section 83 by Act 27 of 2013. We, thus, in the present case have to interpret Section 83 as it existed prior to the above Amendment, 2013.” 9. In the aforesaid case the Supreme Court was judging the validity of legal proceedings initiated prior to the amendment of 2013, as such, though it took notice of the amendment of 2013, it considered the pre amendment provisions. 10. Section 85 of the Act, 1995 relating to Bar of jurisdiction of Civil Court is as under:- “85. Bar of jurisdiction of civil courts.- No suit or other legal proceeding shall lie in any civil court, revenue court and any other authority in respect of any dispute, question or other matter relating to any waqf, waqf property or other matter which is required by or under this Act to be determined by a Tribunal.” 11. In this regard Para 53 of the decision of the Supreme Court in Punjab Wakf Board (supra) is relevant and it is as under:- “53. Coming to Section 83 which relates to bar of jurisdiction in civil court, the relevant words are "any dispute, question or other matter relating to a wakf or wakf property" which is required by or under this Act to be determined by the Tribunal. Thus, bar of jurisdiction of civil court is confined only to those matters which are required to be determined by the Tribunal under this Act. Thus, the civil court shall have jurisdiction to entertain the suit and proceedings which are not required by or under the 1995 Act to be determined. Thus, answering the question of jurisdiction, question has to be asked whether the issue raised in the suit or proceeding is required to be decided under the 1995 Act by the Tribunal, under any provision or not. In the event, the answer is affirmative, the bar of jurisdiction of civil court shall operate.” 12. On being confronted with the aforesaid legal position consequent to amendment of Section 83 w.e.f. 01.11.2013, the learned counsel for the opposite parties could not show that the legal position was otherwise. 13. In view of the above, the order dated 04.10.2019 is hereby quashed. On being confronted with the aforesaid legal position consequent to amendment of Section 83 w.e.f. 01.11.2013, the learned counsel for the opposite parties could not show that the legal position was otherwise. 13. In view of the above, the order dated 04.10.2019 is hereby quashed. The proceedings shall now stand revived before the Waqf Tribunal and shall be considered and disposed of as per law with expedition. 14. This Court appreciates the valuable assistance provided by Sri Q.H. Rizvi, learned Advocate in the matter. 15. The revision under Section 83(9) of the Act, 1995 is allowed in the aforesaid terms. 16. The Senior Registrar of this Court at Lucknow shall communicate this order to the Waqf Tribunal at Lucknow.