Report No. 129
Litigation other Then one under the Rent Act
4.1. Once litigation under Rent Act, which clogged the dockets of the courts in urban areas, is taken care of, it is necessary to consider whether suits other than suits under Rent Acts, such as suits arising out of the dispute as to inheritance and succession, partition, maintenance and suits on casements, can be dealt with by the existing system efficiently and within time. The suits covered by the Family Courts Act are not taken note of here as a separate forum is set up for their disposal and that would further case the pressure on civil courts. The pressure of the litigation under the Rent Act is so high that the courts are liable to find any time for litigation of any other natures.
If the litigation under the Rent Act is taken over by a new participatory model, the existing courts would be able to find sufficient and adequate time for suits of other nature hereinabove mentioned. The suits involving a dispute as to inheritance/succession, partition, maintenance are amongst near relations. The disputes involving inheritance and succession, coupled with disputes arising out of wills, are amongst generally blood relations who are the kith and kin of the deceased and are inter-related. Undoubtedly sometimes this litigation is fought with vengeance. But it is here that the Conciliation Court system will be put to test.
If, therefore, these suits are kept within the purview of the courts as at present functioning with an obligatory duty to set up conciliation Courts, the resolution of such disputes can be speedily achieved. The intervention of court beings to bear its persuasive power on the litigants and lawyers appearing in the matters. Near relations can be easily persuaded to take fair and just and rational attitude. That will be the test of Conciliation Court scheme. Therefore, the Law Commission is of the opinion that in respect of the suit hereinabove mentioned, the Conciliation Court system must be made compulsory by an effective amendment to the Code of Civil Procedure on the lines of rule 58 of Order XXVII thereof to widen its application to encompass suits of the aforementioned nature.
4.2. There remain suits involving disputes about easement rights as also suits either for specific performance of contract or for damages complaining breach of contract.
4.3. Suits involving disputes as to easement rights are few and far between. In congested cities, especially within the old city walled area, suits complaining of infringement of easement of light and air crop up in courts. However, with the advance of town planning schemes, the number is going down. At any rate, court will have enough time to deal with the same and no change is necessary there.
4.4. Similarly suits for specific performance of contract or for damages for breach of contract can be taken care with the extra time available to the courts if the recommendations herein made are fully implemented.
4.5. It may incidentally be mentioned that suits raising issues under service jurisprudence used to crop up in courts. With the establishment of Central Administrative Tribunal enjoying exclusive jurisdiction in this behalf, it is not necessary to make a specific provision for such suits in respect of Central Government servants. However, section 4(2) of the Administrative Tribunals Act, 1985, empowers the Central Government on a request in this behalf from any State Government to set up an Administrative Tribunal to exercise the jurisdiction, powers and Authority under the Act for the State. The Law Commission is of the opinion that every State Government must take step for setting up Administrative Tribunal under the Act.