JUDGMENT :

The second appeal is filed by the plaintiff against the judgment of the First Appellate Court whereby a decree in a suit for realisation of Rs.2,06,287/-was reversed. The parties are referred to as per their status in the suit.

2. Plaintiff's case -The defendant constructed a market complex near the old bus stand in Kannur and resolved on 19.04.2000 to license the rooms based on the best offer. The plaintiff made the highest offer for room No.47 and on deposit of the amount (Rs.2,00,999/-), he was put in possession of the room on 14.06.2001. On 25.10.2002, the defendant reduced the amount of security to Rs.1,20,000/-, and the plaintiff was entitled to get a refund of the balance amount. On the plaintiff’s request he was allotted Room No.46, and the security deposit of Rs.1,20,000/-was made up by payment of Rs.39,001/-and adjustment of the excess amount paid as security for Room No.47. The plaintiff was thus put in possession of room Nos.46 & 47 on security deposits of Rs.1,20,000/-each. On 13.07.2004, the plaintiff surrendered room No.46, but the security deposit was not refunded. The plaintiff filed O.S.No.214/2005 before the Subordinate Court, Thalassery, for the reali