Report No. 147

Chapter 10

Recommendations

10.1. To sum up, we recommend the following amendments to the Act:-

1. Section 1(2).-The words "except the State of Jammu & Kashmir" in section 1(2) may be omitted. A Presidential Order under Article 370 of the Constitution to make this amendment effective may also be issued.

2. Section 6.-Section 6(1) of the Act may be amended to read as follows:

"6(1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person through whom he has been in possession of any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit."

3. Section 15.-In section 15, the following may be inserted as clause (i):

"(i) by any person, where the contract by its express terms purports to confer some benefit directly on such person."

4. Section 16(c).-The words "aver and" may be deleted.

5. Section 22.-In the proviso so sub-section (2) of section 22 the words "including a proceeding in execution" may be inserted after the word "proceeding".

6. Section 28.-In section 28, after sub-section (1) a sub-section (1A) may be inserted in the following terms:

"(1A) An application under sub-section (1) for the extension of the period within which the purchase money or other sum was payable under the decree or for the rescission of the contract may be made by the vendor or lessor at any time and may be made notwithstanding that the decree may have provided that certain consequences should follow automatically on the default of the purchaser or lessee to pay the said sums within the period specified in the decree or otherwise allowed by the Court."

No other changes in the Act are considered necessary.

K.N. Singh, Chairman.

S. Ranganathan, Member.

D.N. Sandanshiv, Member.

P.M. Bakshi, Member (Part-time).

M. Marcus, Member (Part-time).

Ch. Prabhakara Rao, Member-Secretary.

New Delhi,
Dated: 6th October, 1993.