JUDGMENT (CAV)

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