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In the absence of a contract or local

usage to the contrary, all rents,


annuities, pensions, dividends and other
periodical payments in the nature of
income shall, upon the transfer of the
interest of the person entitled to receive
such payments, be deemed, as between
the transferor and the transferee, to
accrue due from day to day, and to be
apportionable accordingly, but to be
payable on the days appointed for the
payment thereof.

Apportion
ment
SECTION 36; Transfer of
Property Act 1882

Saveeza Kabsha
TRANSFER OF PROPERTY ACT 1

TABLE OF CONTENTS

1. Section 36 Apportionment of periodical payments on determination of interest of

person entitled ………………………………………………………………………

02

2. Ingredients

…………………………………………………………………………..02

2.1. In the absence of contract or local usage to contrary

………………………..02

2.2. All rents, annuities, pensions, dividends and other periodical payments in

the nature of income

………………………………………………………………..02

2.3. Upon the transfer of the interest of the person entitled to receive such

payments…...……………………………………………………………………02

2.4. To accrue due from day to day, and to be apportionable accordingly, but

to be payable on the days

appointed………………………………………………02

3. Analysis

……………………………………………………………………………...03

4. Case Laws …………………………………………………………………………...03

4.1. ZAIN YAR KHAN Versus THE CHIEF ENGINEER, C.R.B.C. WAPDA,

D.I. KHAN and another

……………………………………………………………..03

4.2. MUHAMMAD-SHABAN Versus THE STATE

……………………………..04
TRANSFER OF PROPERTY ACT 2

4.3. POLICE DEPARTMENT Versus JAVED ISRAR etc

………………….......04

4.4. Mian MUHAMMAD NAWAZ SHARIF Versus PRESIDENT OF

PAKISTAN and others …………………………………………………….......04

5. References

……………………………………………………………………………….05
TRANSFER OF PROPERTY ACT 3

1. Section 36 Apportionment of periodical payments on determination of interest of

person entitled

In the absence of a contract or local usage to the contrary, all rents, annuities,

pensions, dividends and other periodical payments in the nature of income shall, upon

the transfer of the interest of the person entitled to receive such payments, be deemed,

as between the transferor and the transferee, to accrue due from day to day, and to be

apportionable accordingly, but to be payable on the days appointed for the payment

thereof.1

2. Ingredients

2.1. In the absence of contract or local usage to contrary

This part of section implies that section 36 of Transfer of Property Act 1882 is

only applicable if a contract between parties is not otherwise; means consisting of

other terms and conditions.

2.2. All rents, annuities, pensions, dividends and other periodical payments in

the nature of income

It implies that this section deals with periodical payments, not the bulk payment.

2.3. Upon the transfer of the interest of the person entitled to receive such

payments

It implies that that periodical payments referred in this section are those that are

those that are due by the transferee towards transferor of interest.

2.4. To accrue due from day to day, and to be apportionable accordingly, but

to be payable on the days appointed

This part actually is what deals with apportionment. It tells that the periodical

payment is to be done on appointed days by the transferee to transferor. The

1
TRANSFER OF PROPERTY ACT 1882
TRANSFER OF PROPERTY ACT 4

payment would be divided between time intervals and be done after agreed

intervals.

3. Analysis

This section deals with the cases of lease, instalments, hire to purchase, pensions

where the whole amount is not paid at once, rather divided between time intervals.

The section bounds the transferee to make such due payments on appointed days.

Moreover, the whole payment will be divided (apportioned) between such intervals.

The law would presume application of section 36 in case there is no other contrary

contract between parties setting different terms.

4. Case Laws

4.2. ZAIN YAR KHAN Versus THE CHIEF ENGINEER, C.R.B.C. WAPDA,

D.I. KHAN and another2

Appellant has to share his burden but definitely not alone-he seems to have

disputed number of trees, which were ultimate worked out but does not appear to

have produced any copy of list which he ought to have maintained, if he had

subscribed to same-matter, therefore, was eminently fit for further enquiry but in

purview of enquiry should have been associated all others, who had any role to

play-such, at all events, can be ensured now and acquisition officers may also be

examined for apportionment of their parts, with corresponding intimations to their

respective departments-in process, it should also come up for examination as to

why such a serious matter was taken up so belatedly and which of functionaries

were involved in delay-meanwhile, though supreme court uphold orders of

appellate authority and service tribunal, (remand and inquiry afresh) following

thereupon, court expect that during interregnum appellant would not be denied his

2
PLJ      1999     Supreme Court     1105
TRANSFER OF PROPERTY ACT 5

ordinary rights of promotion and move-over, if any, subject to final orderspassed

in course of time-appeal is dismissed, but dismissal would not carry any costs.

4.3. MUHAMMAD-SHABAN Versus THE STATE3

No apportionment of amount having been made by convicting court and such

amount also being payable under law within period of 3 years, imprisonment of

applicant to be not warranted by law- application for bail allowed in

circumstances.

4.4. POLICE DEPARTMENT Versus JAVED ISRAR etc4

Appeal shall only lie from award or any part of award but impugned order does

not amount to an award, so appeal is not competent-term 'award' has not been

defined in act-according to section 26, an award must be in writing and amount

should be specified-impugned order does not deal with determination either of

quantum or apportionment of compensation, therefore, it cannot be termed as

award or part of award-held: impugned order is not appealable and appeal being

incompetent, is liable to dismissal on this score.

4.5. Mian MUHAMMAD NAWAZ SHARIF Versus PRESIDENT OF

PAKISTAN and others5

It appears that president had suggested to prime minister to get rid of some

ministers and some important functionaries of government which he promised to

do but then changed his mind and adopted tone and tenor of defiance-held:

question of apportionment of blame for creating such a situation is relegated to

background and fact that such a situation is created bringing about deadlock and

stalemate in working relationship of two pillars of government of federation has

3
PLJ      1983     Cr.C     61
4
PLJ      1990     Peshawar High Court     50
5
PLJ      1993     Supreme Court     438
TRANSFER OF PROPERTY ACT 6

become a flat accompli which enables president to exercise his discretionary

power under article 58(2)(fe) of constitution. Appeal accepted.

5. References

TRANSFER OF PROPERTY ACT 1882

PLJ      1999     Supreme Court     1105

PLJ      1983     Cr.C     61

PLJ      1990     Peshawar High Court     50

PLJ      1993     Supreme Court     438