1 ·

RANA SHEO AMBAR SINGH v.

ALLAHABAD BANK LTD.

February 18, 1977

[l\I. H. BEG, C. J., A. C. GUPTA :~ND P. S. KAii.ASAM, JJ.]

Execution of. a 1nort:;:age decree-Proprietary ri1d1ts in Sir, Khudkhast land and grove land )\,'hicll were n1ortgaged 1vere extilu.:uisill'd and the Bliumidari rig/it an altogether new right created by U.P. Zaniindari Abolition and Land Reforms Act. 1950 (U.P. Act 1 of 1951 )-Jf'i'let1ier trees being a part of a grove are included in the "grore-land" which V!!!ifS in th:J U.P. State Governnunt free frqm all encun1brances-Scove of ectio-i 6(a) (i). 6(/i) and 1~ of the U.P. Zamindari Abolition & Land Refor1ns Act, 1950.

In Rana Sileo A1nbar Singh v. Allahabad Bank Ltd., Allaliabad (1962) - 2 SCR p.441, this Court held that the respondent could not enforce his nghts ur, der the mortga_ge by the sale of the new Bhumila1i rights created in favour of the mortgagor by s. 18 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 and that the respondent could only enforce his rights against the appellant in the manner provided under s. 6(h) of the Act read with s. 73 of the Transfer of Property Act, and follo\v 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 ap{'.lellant was ordered by 1he executing Court taking the view that there is a distinction behveen the tr.'!es and a grove and grove land.

The Di iision Bench of the Allahabad High Court (Lucknow Bench). upheld the views of the Executing Court and dismissed the aopeat.

AllO\\'ing the appeal by certificate, the Court,

HELD : ( 1 )_ The vieW that there is a dis_tinction beh.\'een trees and a grove ar.d p:rove land and, therefore exect1tion aga:nst trees in groves could be proceeded against cannot be accepted in the light of th~ definition of the intermediary

g:rove under s. 3(13) of the U.P. Zamindari Aboiition and Land Reforms Act, 1950, viz., "intermediary's grOve" means grovland held or occupied by an intermediary as uch. [34 : D-E, H]

(2) Groves are only collection of trees in plots of land so as io preclude cultivation in them. The uncut trees are deemed to be parts of the la-nd. The proposition is W_!ll settled under the general la\v. that trees, before they are cut, fcrm parts of 'land'. And are inseparable part is ahvays included in the \\'hole.

[34E-FJ

(3) Section 18(1)(a) of the Act provide that an "intermediary grove" is bhumidary property.

Rights in it are parts of bhumidari rights. [34F] ·

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2041 of 19~. . .

(From the Judgment and Decree dated 2.2.1966 of the Allahabad High Court (Lucknow Bench) Lucknow in First Execution Appeal No 5/62).

S. N. Pre.sad, for the appellant.

G. C. M:11hur and 0. P. Rana for the respondent.

The Judgment of the Court was delivered by ••

BEG. C.J.-'01is appeal by certificate raises the simple question whether :ertain trees, said to be part of a grove, are included in

SUPREME COURT REPORTS

U 9771 3 SC.R.

grove-land, which, under section 6(a) (i) of the U.P. 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 proceedings 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 1962 (2) S.C.R. 441, in the case.

We find that the position taken by the respondent-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 continued to vest in the intermediary.

This Court rejected that submission and held that after vesting of all the rights mentioned in section 6 Gf the Act in the State of Uttar Pradesh, new bhumidhari rights came mto existence under section 18 of the Act.

It also held that the only way in which a mortgagee could enforce his right against the mortgagor after the Act came into force is provided in section 6(h) of the Act, read with section 73 of the Transfer of Property Act, 1882, so that nothing more than the compensation awarded to the intermediary could be proceeded agaimt 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 iu 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 groveland, should have been upheld by a Division Bench of the Allahabad High Court (Lucknow Bench).

We find that it is impossible for us to accept this opinion in view of the definition Olf the intermediary's groveunder section 3 (l 3) of the Act, which says : "intermediary's grove' means grove-land held or occupied by an intermediary as such." This means that "grove- Jand" and "" "intermediary's grove" are equated.

And groves are only collectioi; s of trees iu plots of land so as to preclude cultivation in them.

The uncut trees are deemed to be parts of the "land''.

Section 18 (I) (a) 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 Jaw, 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

mid set aside the judgments and decrees of the High Court and the Execution Court with costs.

ll S.R.

Appeal allowed.