SUNIL DUTTA MISHRA, J.:–Heard learned counsel for the parties.

2. This Revision Application is directed against the order dated 25.08.2017 passed in Eviction Application No. 5 of 2016 by Bihar Waqf Tribunal, Patna.

3. The Opposite Party Bihar State Sunni Wakf Board, through its Chief Executive Officer (in short ‘the Waqf Board’) preferred Eviction Application No. 5 of 2016 under Rule 48 (5) of Bihar Waqf Rules, 2002 read with Section 56 (3) of the Waqf Act, 1995 as amended vide Amendment Act, 2013 for grant of eviction of the petitioner- The Bihar Awami Co-operative Bank Ltd. through its Chairman (in short ‘the Bank’) from the Waqf property and also for direction to deposit arrears of rent and current rent determined in fair rent proceeding by order dated 23.09.2015 passed by the Waqf Board under Section 48 of Bihar Waqf Rules, 2002 read with Section 56(3) of Waqf Act, 1995 as amended vide Amendment Act, 2013 as the petitioner Bank willfully and deliberately not complied the said order passed by the Waqf Board and occupied the Waqf property unauthorisedly, without paying the fair rent so fixed.

4. The objection under Section 83 and 85 of the Waqf Act, 1995 was filed on behalf of the Bank to the said Eviction Application stating that the Eviction Application filed by the Applicant is not maintainable as the Waqf Tribunal has no jurisdiction to try the eviction from the Waqf property. It was further stated that the Waqf Act does not provide for any proceeding before the Tribunal for determination of a dispute concerning the eviction of the tenant in occupation of a Waqf property. A suit seeking eviction of the tenant be filed only before the Civil Court and not before the Waqf Tribunal. Reliance was placed on the Judgment of Hon’ble Supreme Court in Faseela M. Vs. Munnerul Islam Madrasa Committee & Anr. Reported in 2014 (3) BBCJ 52.

5. It was also stated that against the order dated 23.09.2015 (fair rent determination) the Bank filed CWJC No. 18120/15 before Patna High Court for quashing the said order since on that relevant period of time the Waqf Tribunal was not functioning.

6. The case of the Bank is that the Waqf Board cannot determined or enhanced the rent under the said provision of law and also till loan amount has been adjusted. Moreover, the Waqf Board is not justified to hold any enquiry for enhanced rent of the building under the occupation of the Bank and rent has been determined arbitrarly without giving opportunity to be heard.

7. Accordingly, the said order of fixation of rent @ Rs. 20 from Rs. 9 per sq. feet per month and direction to pay such rent from 01.08.2015 is illegal and arbitrary and contrary to the law particularly Waqf Act, 1995.

8. In reply filed by Waqf Board to the objection petitioner filed by the Bank it is stated that the eviction petition has been filed as per the provision of Waqf Act, 1995 and Bihar Waqf Rules, 2002.

9. It is further stated that the proper opportunity was given to the Bank which filed its reply on 01.09.2015 to the notice issued under Rule 48 of Bihar Waqf Rules and the fair rent proceeding has been exhausted in accordance with law but the Bank deliberately chose not to pay the rent and also not availed the remedy provided to it under Rule 48 (4) of Bihar Waqf Rules, 2002 to challenge the order of the Waqf Board to the Tribunal.

10. On the objection petition under Sections 83 and 85 of the Waqf Act, the learned Tribunal vide order dated 11.05.2017 held that Eviction Application is not a suit and is well maintained before the Tribunal and cannot be decided by any Civil Court.

11. The Bihar Waqf Tribunal, Patna vide the impugned order dated 25.08.2017 given finding that loan amount taken for construction of building has been adjusted and satisfied and Bank is tenant on month to month basis and found no illegality in the order of fair rent fixation passed by the Waqf Board vide order dated 23.09.2015 and the Bank has not preferred appeal under Rule 48 (4) of the Bihar Waqf Rules against t