Summarize the following court judgment. Appeal No. 128 of 1965. Appeal from the judgment and decree dated December 12	 1963 of the Judicial Commissioner 's court	 Himachal Pradesh	 in Civil Writ Petition No. 19 of 1963. Vikram Chand Mahajan and R.N. Sachthey	 for the appellants. Rameshwar Nath and Mahinder Narain	 for respondents. The Judgment of the Court was delivered by Sikri	 J. This appeal by certificate granted by the Judicial Commissioner	 Himachal Pradesh	 is directed against his judgment allowing a petition filed by the respondents and issuing a writ of mandamus directing the Divisional Forest Officer. Sarahan Forest Division	 and the Chief Conservator of Forests	 Himachal Pradesh hereinafter referred to as the appellants to issue or get issued the necessary permission for felling the trees and the transit pass. in respect of certain khasra numbers. In order to appreciate. the points raised by the learned counsel for the appellants	 it is necessary to set out the relevant facts. Land measuring 27 bighas and 16 biswas comprised in khasra Nos. 452/1	453	 453/1	 40	 100 and 440 and situated in village Kadiali	 Tehsil Theog	 District Mahasu	 belonged to Government and was under the tenancy of Moti Ram. He filed an application under section 11 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act	 1953 hereinafter referred to as the Act and was granted proprietary rights in the land by the Compensation Officer by order dated August 30	 1957. Provisional compensation was assessed at Rs. 62.56 nP. The Compensation Officer held that "as the applicant is a cultivating tenant over the aforesaid land he is entitled to acquire right	 title and interest of the said land owner on payment of Rs. 62.56 as compensation which should be deposited. " On September 9	 1957	 a certificate of ownership was granted to Moti Ram on his depositing Rs. 62.56. Moti Ram died and the land was mutated in favour of his wife Smt. Besroo and his daughter Smt. The respondents applied for permission to sell the trees on their land	 and the Divisional Forest Officer by order dated July 18	 1958	 permitted them to sell the trees from their land on certain conditions. On November 15	 1958	 the respondents deposited Rs. 1267.13 nP as government fee	 but the Divisional Forest Officer failed to give clear orders for felling the trees and taking out the converted timber from the said ]and. The Chief Conservator Officer	 by letter dated July 12	 1961	 informed the respondents that the matter was being inquired from the Conservator of 114 Forests	 Simla Circle. Thereupon	 not hearing anything further	 the respondents flied a petition under article 226 of the Constitution. It was urged before the Judicial Commissioner	 on behalf of the Divisional Forest Officer that the respondents had No. interest in the trees standing on their land as. the trees were not 'land ' as defined in section 2(5) of the Act	 and that the Compensation Officer was not competent to grant	 and	 in fact	 did not grant proprietary rights in the trees to the deceased Moti Ram. The learned Judicial Commissioner	 following Vijay Kumari Thakur vs H. P. Administration (1) held that the appellants were estopped from contending that the respondents had no interest in the trees. He further held that the respondents were granted permission to sell the trees standing on their land and they had	 in fact	 entered into an agreement to sell to a third party	 and they had deposited Rs. 1267.13 nP and had 'thus acted to their detriment. As stated already	 the learned Judicial Commissioner allowed the petition and issued a writ of mandamus. With certificate granted by the Judicial Commissioner the appellants have. flied this appeal. The learned counsel for the appellants contends that under section 11 of the Act the trees did not vest in the deceased Moti Ram. He says that what vested under section 11 of the Act was land	 and 'land ' is defined in section 2 ( 5 ) as follows: "section 2(3). Land means land which is not occupied as the site of any building in a town or village and is occupied or has. been let for agricultural purposes or for purposes subservient to agriculture	 or for pasture	 and includes (a) the sites of buildings and other structures on such land;. (b) orchards; (c) ghasnies;" He relies on a number of decisions of the Punjab Chief Court and the Lahore High Court interpreting a similar definition existing in the Punjab Alienation of Land Act (XIII of 1900). In our opinion those cases are distinguishable inasmuch as they deal with the question whether trees could be sold or assigned under the Punjab Alienation of Land Act without infringing the prohibitions contained in that Act forbidding sale of land by agriculturists in favour of non agriculturists. For instance	 in Achhru Mal vs Maula Bakhsh(2)	 under a deed of sale the vendee was entitled to cut and remove the trees within a period of ten years	 and the plaintiff brought a suit asking for a perpetual injunction (1) A.I.R. 1961 H. P. 32. (2) 115 to issue to the defendants respondents to restrain them from preventing him from cutting and removing certain trees from the. land belonging to the defendants respondents The lower courts held that the trees growing on agricultural land were "land" within the ' meaning of the expression as defined in section 2(3) of the Punjab Alienation of Land Act	 and	 therefore	 their sale to the plaintiff was unlawful having regard to the provisions of that Act. The ' Lahore High Court held that the sale did not infringe the provisions of that Act because the sale of trees was not a sale of land. The High Court was not concerned with the question whether on a transfer of land trees standing on it passed to the transferee or not. In Nasib Singh vs Amin Chand(1) it was held that the suit for possession of certain mango	 shisham and jaman trees was not a suit between a landlord and his tenant under the Punjab Tenancy Act and consequently the Civil Court was competent to try the suit. There can. be no doubt that trees are capable of being transferred apart from land	 and if a person transfers trees or gives a right to a person to cut trees and remove them it cannot be said that he has transferred land. But we are concerned with a different question and the question is whether under section 11 of the Act trees are included within the expression "right	 title and interest of the land owner in the land of the tenancy". It seems to us that this expression "right	 title and interest of the land owner in ' the ' land" is wide enough to include trees standing on the land. It is clear that under section 8 of the Transfer of Property Act	 unless a different intention is expressed or implied	 transfer of land would include trees standing on it. It seems to us that we should construe section 11 in the same manner. The learned counsel for the appellants contends that the trees standing on the land transferred to Moti Ram under section 11 of the Act are worth about Rs. 76	000	 and it could not have been the ' intention to transfer Rs. 76	000 worth of trees for Rs. 62/56. He says. that the trees are really forest trees and it was never the intention of the legislature to vest forest trees in the tenants acquiring land under section 11 of the Act. But no such contention seems to have been raised in the written statement filed by the appellants. It might have been different if it had been proved that the portion of the area transferred to Moti Ram was a natural forest.[see Kaju Mal vs Salig Ram(2)]. The learned counsel referring to section 84 of the Act points out that one of the consequences of vesting of land in the State Government under section 83 is that trees expressly vest in the 'State. He says that if it was the intention to vest trees in the tenant acquiring land (1) A.I.R. 1942 Lah. 152 (2) (1919) Punj. Rec. 237. 116 under section 11 of the Act	 it would have been similarly so expressed. We are unable to accede to this contention. Section 84(a)(i) reads as follows: "84. When a notification under section 83 has been published in the Gazette notwithstanding anything contained in any contract or document or in any other law for the time being in force and save as otherwise provided in this Act	 the consequences as hereinafter setforth shall	 from the beginning of the date of vesting ensue in respect of the land to which the notification applies	 namely : (a) all rights	 title and interest of all the landowners (i) in every such land including cultivable or barren land	 ghasnis	 charands	 trees	 wells	 tanks	 ponds	 water channels	 ferries	 pathways	 hats	 bazars and melas;. " If the contention of the learned counsel were. correct	 even cultivable land which is expressly mentioned in section 84(a) (i) would not vest in the tenant under section 11 of the Act. Section 11 is drafted very simply and under sub s.(6) the tenant becomes the owner of the land comprised in the tenancy on and from the date of grant of the certificate	 and it is expressly provided that the right	 title and interest of the landowner in the said land shall determine. In the context the word "owner" is very comprehensive indeed	 and it implies that all rights	 title and interest of the landowner pass to the tenant. Further	 it seems to. us that it would lead to utter confusion if the contention of the learned counsel is accepted. There would be interminable disputes as to the rights of the erstwhile landowners to go on the lands of erstwhile tenants and cut trees or take the fruit. Moreover	 under section 15 of the Act we would	 following the same reasoning	 have to hold that the trees on the land of the landowner did not vest in the State. This could hardly have been the intention. For the aforesaid reasons we must uphold the judgment of the Judicial Commissioner	 although for different reasons. In the result the appeal fails and is dismissed with costs. R.K.P.S. Appeal dismissed.

Upon an application filed by a cultivating tenant M under section 11 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act	 1953	 the Compensation Officer held that as such tenant he was entitled to acquire "the right	 title and interest" of the owner of the land in question. After payment by the tenant of a specified amount of compensation	 a certificate of ownership was granted to him and	 after his death	 the land was mutated in favour of his wife and daughter	 respondents in this appeal. The respondents applied to the Divisional Forest Officer for permission to sell the trees of their land and although that Officer granted permission for the sale	 he failed to give the necessary orders for felling the trees and taking out the converted timber from the land. The respondents filed a petition under article 226 of the Constitution for the issue of a writ of mandamus directing the Divisional Forest Officer to issue or get issued the necessary permission for felling the trees and moving the timber. The Judicial Commissioner	 following Vijay Kumari Thakur vs H.P. Administration. A.I.R. 1961 H.P. 32	 held that the appellants were estopped from contending that the respondents had no interest in the trees and allowed the petition. In appeal to the Supreme Court it was contended on behalf of the appellants that under section 11 of the Act the trees did not vest in the deceased tenant but only the 'land ' as defend in section 2(5) of the Act	 and that the Compensation Officer was not competent to grant and	 in fact	 did not grant proprietary rights in the trees to the deceased tenant. HELD : dismissing the appeal: Under sub section (6) of section 11	 the tenant becomes the owner of the land comprised in the tenancy on and from the date of gram of the certificate	 and it is expressly provided that the right	 title and interest of the landowner in the said land shall determine. In the context the word 'owner ' is very comprehensive and implies that all rights	 title and interest of the land owner passed to the tenant. [116E F] Furthermore	 the expression "right	 title and interest of the landowner in the land" is wide enough to include trees standing on the land. Under section 8 of the Transfer of Property Act	 unless a different intention is expressed or implied	 transfer of land would include trees standing on it; and section 11 of the Himachal Pradesh Act should be construed in the same manner. [115 E] Achhru Mal vs Maula Bakhsh	 and Nasib Singh vs Amin Chand	 A	I.R. 	 distinguished. Kaju Mal vs Salig Ram	 [1919] Punj. Rec. 237	 referred to. 113