IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.1055 of 2010 (O&M) Date of Decision : 11.3.2010 State of Haryana and others ....Appellants Versus Smt. Shila and another ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present : Mr.P.S.Sullar, DAG, Haryana for the appellants. ..... MAHESH GROVER, J. The controversy is squarely covered by the judgment of this Court reported as Ghasi Ram v. Arun Kumar, 2006(1) RCR (Civil) 751. That apart, the appeal of the appellants before the first Appellate Court was also barred by limitation. In any eventuality, even if the case had been decided on merits, the net result would have been the dismissal in view of the well known maxim that whatever is affixed to the soil becomes in contemplation of law a part of it and is subjected to the same rights of property as the soil itself. For the purpose of reference reliance can also be made upon the observations of a Division Bench of this Court in the case of Hakim Hari Ram v. Santa Ram, 1955 PLR 6 wherein it has been observed as under :- “...trees upon land are part of the land and that the right to cut down and sell those trees is incidental to the R.S.A.No.1055 of 2010 (O&M) -2- proprietorship of the land.” xx xx xx xx xx “The real point for determination in the present case is whether the trees in question belong to the plaintiffs or defendants or jointly to both the plaintiffs and defendants. It is a well known maxim that whatever is affixed to the soil becomes in contemplation of law a part of it and is subjected to the same rights of property as the soil itself. It follows as a corollary that if a person plants a tree in the land of another the owner of the soil becomes owner also of the tree. To put in a slightly different language, a standing three belongs not to person by whom it was planted but to the owner of the land from which it draws its support and sustenance.” Having regard to the aforesaid, I am of the considered opinion that there is no merit in the present appeal which is dismissed both on merits as well as on the ground of delay. 11.3.2010 (MAHESH GROVER) JUDGE dss