( 1 ) THIS is a suit for recovery of Rs. 1,13,125. 00 The case of the plaintiff, in brief, is that in April 1983, defendant represented to the plaintiff that the defendant was the owner of the premises known as Pawan House located at Plot No. 2. Zamrudpur Community Centre, Kailash Colony Extension, New Delhi and made an offer to the plaintiff to demise and grant the said premises on lease to the plaintiff on certain terms and conditions and thereafter from time to time various negotiations took place between the parties in connection with the said premises. It was pleaded that in course of the said negotiations, on or about August 6, 1983, the plaintiff paid a sum of Rs. 1,00,000. 00 to the defendant as token money pending finalisation of the agreement and/or lease relating to the premises and the said loan was accepted by the defendant subject to the finalisation of the lease deed as per its terms and conditions. It was alleged that thereafter further negotiations took place between the parties in course of which the plaintiff discovered that the. representation made by the defendant was untrue and in that there were serious and material defects in the title of the defe