held that the transaction was not just a right to cut a tree but also to derive a profit from the soil itself; in the shape of the nourishment in the soil that went into the tree and made it to grow till it was of a size and age fit for felling as timber and if already of that size, in order to enable it to continue to live till the petitioner chose to fell it The learned judge, therefore, held that though such trees as can be regarded as standing timber at the date of the document, both because of their size and girth and also because of the intention to fall at an early date would be movable property for the purposes of the and the , the remaining trees that were covered by the grant would be immovable property, and as the total value was Rs. 26,000, the deed required registration and being unregistered, it did not pass any title or interest and, therefore, as in Ananda Behera 's Case the petitioner had no fundamental right which she could enforce.