ivil Appeal No 2041 of 1968
From the Judgment and Decree dated 221966 of the Allahabad High Court Lucknow Bench Lucknow in First Execu tion Appeal No 562
SN Prasad for the appellant
GC Mathur and OP Rana for the respondent
The Judgment of the Court was delivered by BEG CJ
This appeal by certificate raises the simple question whether certain trees said to be part of a grove are included in 34 grove land which under section 6a i of the UP Zamindari Abolition and Land Reforms Act 1950 hereinafter referred to as the Act vests in the State of Uttar Pradesh free from all encumbrances
This very question was raised by the respondent decree holder in the execution proceed ings in this very case between the same parties which came to this Court on an earlier occasion
We have perused the judgment of this Court reported in   in the case
We find that the position taken by the respond ent decree holder then also was that after the coming into force of the Act what could still be sold in execution of the decree was the right in trees of groves as these contin ued to vest in the intermediary
This Court rejected  that submission and held that after vesting of all the rights mentioned in
section 6 of the Act in the State of Uttar Pradesh new bhumidhari rights came into existence under section 18 of the Act
It also held  that the only way in which a mortgagee could enforce his right against the mortgage or after the Act came into force is provided in section 6h of the Act read with section 73 of the  so that nothing more than the compensation awarded to the intermediary could be proceeded against by the mortgagee
Proceed against by the mortgagee
We are surprised that even after that decision which according to the aPPellant judgment debtor constitutes a complete answer to any further execution proceedings in respect of any part of bhumidhari rights execution should have proceeded against trees in groves and the view taken by the execution court that there is a distinction between trees and a grove and grove land should have been upheld by a Division Bench of the Allahabad High Court Lucknow BenchWe find that it is impossible for us to accept this opinion in view of the definition of the intermediary s grove under section 313 of the Act which says intermediary grove means grove land held or occupied by an intermediary as such
This means that grove land and an intermediary s groves are equated and groves are on ly collections of trees in plots of land so as to preclude cultivation in them
The uncut trees are deemed to be parts of the land
Section 181a of the Act provides that an intermediary s grove is bhumidhari property
Rights in it are part of bhumidhari rights
After these clear words of the enactment
we think it is not necessary even to consider previous definitions or to make out specious or unrealistic distinctions between standing uncut trees which are parts of groves and groves and grove land
The proposition is well settled under the general law that trees before they are cut form parts of land 
And an inseparable part is always included in the whole
In view of this very clear legal position we allow this appeal and set aside the judgments and decrees of the High Court and the Execution Court with costs
SR Appeal al lowed


Summary:
In Rana Sheo Ambar Singh vs Allahabad Bank Ltd Allaha bad 1962 2 SCR p441 this Court held that the respond ent could not enforce his rights under the mortgage by the sale of the new Bhumidari rights created in favour of the mortgagor by section 18 of the UP Zamindari Abolition and Land Reforms Act 1950 and that the respondent could only enforce his rights against the appellant in the manner provided under section 6h of the Act read with section 73 of the Transfer of Property Act and follow the compensation awarded to the intermediary
Despite this decision having been brought to the notice in the execution proceedings initiated by the respondent attachment of the trees in groves belonging to the appellant was ordered by the executing Court taking the view that there is a distinction between the trees and a grove and grove land
The Division Bench of the Allahabad High Court Lucknow Bench upheld the views of the Executing Court and dismissed the appeal Allowing the appeal by certificate the Court HELD 1 The view that there is a distinction between trees and a grove and grove land and therefore execution against trees in groves could be proceeded against cannot be accepted in the light of the definition of the intermediary grove under section 313 of the UP Zamindari Abolition and Land Reforms Act 1950 viz intermediary s grove means groveland held or occupied by intermediary as such
34 D E H 2 Groves are only collection of trees in plots of land so as to preclude cultivation in them
The uncut trees are deemed to be parts of the land
The proposition is well settled under the general law that trees before they are cut
form parts of land 
And are inseparable part is always included in the whole
34E F 3 Section 181a of the Act provide that an inter mediary grove bhumidary property
Rights in it are parts of bhumidari rights