Law:

Section:

(a) Partnership Act (IX of 1932)-------S.45---Dissolution of firm---Liability of partners to third party---Scope---True import of S.45 of Partnership Act 1932, is the continuing liability of partners for acts done by partners after dissolution of the firm, unless public notice is given thereof---As such the same is in order to protect third party who deals with partners of the firm after dissolution without such notice and in good faith. Muhammad Jameel and Co. v. A.M. Wazir Ali (Proprietor of Sindh Oil Mills) PLD 1959 (W.P.) Kar. 472 and Ejaz Ali Siddique and another v. Rana Irshad Ahmed and others 1998 CLC 1684 rel. (b) Transfer of Property Act (IV of 1882)--- ----S. 41, proviso---Specific Relief Act (I of 1877), Ss. 12, 27(b), 42 & 54---Constitution of Pakistan, Art. 185(3)---Suit for specific performance, declaration and injunction--- Bona fide purchaser for valuable consideration--- Ostensible owner, principle of--- Plaintiff claimed ownership of the suit property on the basis of sale agreement, duly acknowledged receipt of sale consideration, public notice in newspaper physical possession, payment of property tax and utility bills etc.---Defendant resisted the suit on the basis of a registered lease deed duly executed in his favour by the attorney of the owner of suit property, six years earlier than the agreement to sell relied upon by plaintiff---Validity---Equitable doctrine as contained in proviso to S.41 of Transfer of Property Act, 1882, which protected a subsequent transferee, was to be established by him that he had acted in good faith and taken reasonable care before entering into the transaction and that he had given valuable consideration for such transfer-­--Such equitable doctrine was a deduction from the law of estoppel which must be pleaded clearly with specific facts to be relied upon in such regard---Onus to prove that a person was entitled to the benefit of S.41 of Transfer of Property Act, 1882, was always upon the person who pleaded such protection---Plaintiff never pleaded that she was a bona fide purchaser without notice of the earlier transaction vis-a-vis property in question between the owner and defendant---Neither the…

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