ARIJIT BANERJEE, J.

1. In this revisional application, the petitioner challenges the judgment and order dated 26.10.2012 passed in Misc. Appeal No. 12 of 2008 whereby the learned District Judge, Darjeeling set aside the order dated 16.9.2008 passed by the learned Civil Judge (Junior Division), Kurseong dismissing the application of the opposite party/plaintiff under Section 7(iii) of the West Bengal Premises Tenancy Act, 1997 and allowing the petitioners applications under Section 7(i) and Section 7(ii) of the said Act.

2. The learned first appellate court set aside the order permitting the defendant to deposit the rent and allowed the plaintiffs application for striking out of defence against delivery of possession.

3. On or about 9th June 2006, the opposite party filed O.C Suit No. 1 of 2006 in the court of the Civil Judge (Junior Division) at Kurseong for recovery of vacant position of the suit premises and mense profits. On or about 14.8.2006, the petitioner/defendant filed an application essentially under Section 7(i) of the West Bengal Premises Tenancy Act, 1997 (in short the said Act) for leave to deposit rent in court. However in the petition, it was not mentioned