1. This is a defendant’s appeal questioning the correctness and legality of the judgment and decree passed by the I Additional Civil Judge (Sr. Dn) Mangalore, in O.S. NO.144/2000 dated 4-4-2007 whereunder plaintiff’s suit for recovery of money came to be decreed with interest and costs.

2. The facts in nutshell are as follows. The parties are referred to as per their ranks in the trail Court.

2.1 Plaintiff obtained on lease a shop premises in a commercial building bearing NO. 22-3-289 situated at Mangalore, for the purposes of running a Bar and Restaurant on monthly rent of Rs. 4,500/- from the defendant. The period of lease agreed was only one month i.e from 6-9-1992 to 5-10-1992. Earlier entering into lease with the plaintiff defendant was running a Bar and Restaurant in the said premises on account of the license granted to the defendant having expired it was agreed to be leased in favour of the plaintiff. Plaintiff deposited a sum of Rs. 75,000/- as security deposit by cheque No.21398 dated 6-9-1992 drawn on M.C.C. Bank Limited Kankanady Brach. Mangalore in favour of the defendant and it has been encashed. It was agreed that security deposit would be refunded at the