Partnership firm was constituted in the year 1984 with 17 partners and out of 17 partners 14 partners executed registered GPA on 1985 in favor of remaining three partners to alienate the firm properties. On 1988 one of the partner died and firm was reconstituted with 16 partners and no fresh GPA was executed after reconstitution. The reconstitution firm was fixed term upto the year 1991. After 1991 the firm was not reconstituted with new deed of partnership.
Now question is the firm is holding immovable properties, some of the partners in the firm out of 16 partners, 5 partners sold the immovable properties through registered sale deed in the year 1/1/2005. The said property was again alienated by defunct GPA holders after four days i.e., 5/1/2005. The purchaser from the GPA holder filed the suit for declaration of title against the purchaser from the five partners. The said suit is dismissed observing that the GPA was ceases to exist on the death of one of the partner . But the court is denying the defendant title that all the partners did not execute the sale deed. The defendant sale did not questioned by the firm even after 13 years. How to prove defendant title when some of the partners of the firm executed the immovable properties. Please adivse I have to advance my arguments on behalf of defendant in First Appellate Court within two days. Is there any authority to succeed the case on behalf of the defendant.
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