Law:

Section:

(a) Sindh Rented Premises Ordinance (XVII of 1979)------ Ss. 15 & 18 --- Constitution of Pakistan (1973), Art. 185(3) --- Leave to appe was granted to consider, whether two Courts below were justified in grant ejectment order on the ground of default in respect of the period prior to t purchase of the property from previous owners by new landlord. (b) Transfer of Property Act (IV of 1882)--- ---- Ss. 8, 55(4), 109 & IM ---- Sindh Rented Premises Ordinance (XVII of 1979), Ss. 15 & 18 --- Transferee/purchaser of an immovable property is entitled to rent/profit from the date of the transfer of ownership in the property to him and not from a date prior to that date ---- In the absence of an express provision in the sale-deed or assignment deed authorising the purchaser/transferee or the assignee to recover the arrears of rent/profit of the period prior to the transfer of property in his favour, he cannot claim the same --- Right to recover arrears of rent is an actionable claim which is assignable by execution or an instrument independently from the transfer of the property in favour of a person other than the purchaser/transferee of the property. Section 8 of the Transfer of Property Act, 1882 inter alia provides that unless a different intention is expressed or necessarily implied a transfer of property passes forthwith to, the transferee all the interests which the transferor is then capable of passing in the property and in the legal incidents thereof. It further provides that such incidents include, where the property is land, the easements annexed thereto, the rents and profits thereof accruing after the transfer, and all things attached to the earth. Whereas clause (a) of subsection (4) of section 55 inter alia lays down that the seller is entitled to the rents and profits of the property till the ownership thereof passes to the buyer. It may also be observed that clause (a) of subsection (6) inter alia provides that a buyer is entitled, where the ownership of the property has passed to him, to the benefit of any improvement in, or increase in value of, the property and to the rents and profits thereof. Whereas the first proviso to section 109 of…

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