Case Details

Citation(s)
2013 SLG 998 2013 SLD 998 2013 CLD 630
Lahore High Court
Regular First Appeal No.81 of 2002, decision dated: 17-12-2012
KH. IMTIAZ AHMAD, JUSTICE ALI BAQAR NAJAFI, JUSTICE
Altaf Elahi Sheikh for Appellant. Sheikh Zamir Hussain for
Respondents.

SYED TAHIR HUSSAIN SHAH

VS

SYED SAEED ANWAR AND OTHERS

Law:

Section:

(a) Contract Act (IX of 1872)---Ss. 182, 186 & 213---Specific Relief Act (I of 1877), S. 42---Civil Procedure Code (V of 1908), O.VII, R. 2---Partnership---Rendition of accounts by partner---Requirements---Suit for declaration and rendition of accounts and mense profits in respect of joint-property wherein a commercial cinema was being run, was decreed---Validity---Status of the partners/parties as co-owners was admitted, therefore, the plaintiff's entitlement to half of the shares was not challenged by defendant---Defendant had claimed that the cinema business was running in loss, however, some shares from profit had been paid to the defendants, which meant that claim of plaintiff in profit was correct---Settlement of accounts could be made with mutual consent of partners/sharers at any time or at time of conclusion of partnership---Status of a co-sharer who was running affairs of a business was of either of an agent or principle---In a suit for rendition of accounts, plaintiff was required to establish, firstly, the partnership, secondly, the share of each member in the partnership, thirdly, the profit or loss, fourthly, the type of business, fifthly the duration of the partnership and sixthly the accounts---Trial Court had acted according to said criteria---Status of Agent of a co-sharer running a joint business was that of an agent having authority expressly or impliedly who was bound to render proper accounts to his principal on demand, under Ss.182, 186 and 213 of the Contract Act, 1872---No interference was required in decree of the Trial Court---Appeal was dismissed, in circumstances. Pakistan International Airlines Corporation v. Karachi Municipal Corporation through Chairman/Administrator, Karachi and another PLD 1994 Kar. 343 ref. (b) Contract Act (IX of 1872)--- ----Ss. 182, 186 & 213---Partnership---Co-sharers---Rendition of accounts, suit for---In a suit for rendition of accounts, plaintiff was required to establish, firstly, the partnership, secondly, the share of each member in the partnership, thirdly, the profit or loss, fourthly, the type of business, fifthly the duration of the partnership and sixthly the accounts. (c) Contract Act…
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