146. Rights and liabilities of defrauded partner.

Where a partnership agreement is rescinded on the ground of the fraud or misrepresentation of one of the parties to it, the partner entitled to rescind is entitled1:

  1.  

    (1)     to a lien2 on, or right of retention of, the surplus of the partnership assets, after satisfying the partnership liabilities, for any sum of money paid by him for the purchase of his share in the partnership and for any capital contributed by him3;

  2.  

    (2)     to a right of subrogation to the rights of the partnership creditors for any payments made by him to them in respect of the partnership