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
