JUDGMENT :

P.B.Suresh Kumar, J.

The tenant in a proceedings for eviction under the Kerala Buildings (Lease and Rent Control) Act (the Act), is the petitioner in this original petition. The respondent is the landlord. The question that falls for consideration in this matter is as to the maintainability of the petition instituted by the respondent to execute the order obtained by him in the proceedings for eviction.

2. Before considering the question, it is necessary to outline the essential facts. The subject matter of the proceedings is a premises situated within the territorial limits of the Rent Control Court, Ernakulam. During the pendency of the eviction proceedings, as agreed to by the parties, the matter was referred for mediation to the Ernakulam Mediation Centre, and the dispute was amicably settled. Ext.P1 is the settlement agreement executed between the parties at the mediation. It was agreed by the petitioner that vacant possession of the premises will be handed over to the respondent on or before 13.12.2021. It was also agreed that the arrears of rent due to be paid by the petitioner as on 31.08.2021 is Rs.75,00,000/-and that the petitioner will liquidate a portion of the