ORDER :

Mahendra Kumar Goyal, J.

1. Though, the matter comes up on an application No. 1/2019 filed by the respondent seeking permission of this Court to withdraw the undertaking furnished by him on 19.11.2018 to not to proceed further in the pending execution proceedings and continued from time to time; but, on joint request of learned counsels for the respective parties, the writ petition was heard today for admission.

2. This writ petition under Article 227 of the Constitution of India has been filed against the judgment dated 28.09.2018 passed by the learned District Judge, Bharatpur whereby the appeal preferred by the petitioner/non-applicant/tenant against the judgment and recovery certificate issued in favour of respondent/appellant/landlord, passed by the learned Rent Tribunal, Bharatpur, has been dismissed.

3. The facts in brief are that the application filed by the respondent under Sections 6 & 9 of the Rajasthan Rent Control Act, 2001 (for brevity "the Act of 2001") seeking revision of rent and eviction of the petitioner from the rent premises comprising a shop, was allowed by the learned Rent Tribunal vide its judgment dated 03.05.2017. The appeal preferred by the petitioner