TPA . S. 109 – After the transfer of lessor’s right in favour of the transferee, the latter gets all rights and liabilities of the lessor in respect of subsisting tenancy – The Section does not insist that transfer will take effect only when the tenant attorns

Transfer of Property Act, Section 109 – After the transfer of lessor's right in favour of the transferee, the latter gets all rights and liabilities of the lessor in respect of subsisting tenancy – The Section does not insist that transfer will take effect only when the tenant attorns – A transferee of the landlord”s rights steps into the shoes of the landlord with all the rights and liabilities of the transferor landlord in respect of the subsisting tenancy –  The section does not require that the transfer of the right of the landlord can take effect only if the tenant attorns to him – Attornment by the tenant is not necessary to confer validity of the transfer of the landlord”s rights – Since attornment by the tenant is not required, a notice Under Section 106 in terms of the old terms of lease by the transferor landlord would be proper and so also the suit for ejectment.

2015 PLRonline 0010