Report No. 86
1.7. Need for revision.-
The need for revision of the Act having been felt, a study of its provisions was commenced in the Commission some time ago. In the meantime, the Commission also received from the Gujarat High Court1 a copy of its recent judgment highlighting the confusion that has arisen by reason of conflicting interpretations of section 4 of the Act. The need for revising the Act is reinforced by several other recent judgments of various Courts.
It may also be added that a suggestion pointing out some of the difficulties experienced in the working of the Act (particularly, sections 2 and 3) and urging reform of the law had also been received some time ago by the Ministry of Law (Legislative Department) from a member of the Bar.2 The Legislative Department had, thereupon, suggested that the Law Commission might consider the question of revision of this Act-a suggestion made in view of the fact that the Commission had, at that time, a proposal to take up for revision the Transfer of Property Act, 1882. Since then, the Commission has already forwarded its Report on the Transfer of Property Act,3 as already stated.4
1. Para. 7.16, infra.
2. F. 1(1)/64-L.C. (Law Commission) and F. 14(4)/62 Leg. II (Legislative Department).
3. Law Commission of India, 70th Report (Transfer of Property Act, 1882).
4. Para. 1.6, supra.