Summarize the following court judgment. 26 and 27 of 1954	 24 and 437 of 1955	 256 of 1956	 12	 16	 17 and 73 of 1957. Petition under Article 32 of the Constitution of India for the enforcement of Fundamental Rights. M.S. K. Sastri	 for the petitioners in Petitions Nos. 26 and 27 of 54 and 24 of 1955. V.N. Swami and M. section K. Sastri	 for the petitioners in Petitions Nos. 437 of 55 and 256 of 56. 341 L.K. Jha	 J. M. Thakur	 section N. Andley and J. B. Dadachanji	 for the petitioner in Petition No. 12 of 1957. N.S. Bindra and Harbans Singh	 for the petitioners in Petitions Nos. 16 and 17 of 1957. N.S. Bindra and Govind Saran Singh	 for the petitioner in Petition No. 73 of 1957. H. N. Sanyal	 Additional Solicitor General of India	 H.J. Umrigar and R. H. Dhebar	 for the respondent in Petitions Nos. 26 and 27 of 1954	 24 and 437 of 1955	 256 of 1956 and 12 of 1957. M.Adhikary	 Advocate General for the State Of Madhya Pradesh and I. N. Shroff	 for the respondent in Petitions Nos. 16	 17 and 73 of 1957. March 9. The Judgment of the Court was delivered by HIDAYATULLAH	 J. The judgment in Petition No. 12 of 1957 shall also dispose of petitions Nos. 26 and 27 of 1954	 24 and 437 of 1955	 256 of 1956 and 16	 17 and 73 of 1957. These petitions under article 32 arise out of alleged agreements by which some of the proprietors in the former State of Madhya Pradesh granted to one or other of the petitioners the right to take forest produce	 mainly tendu leaves	 from the forests included in Zamindari and Malguzari villages of the grantors. Government has disclaimed these agreements and auctioned the rights afresh. The petitioners state that this is an invasion of their fundamental rights. The dates on which these alleged agreements were entered into	 the terms thereof and the periods during which they were to subsist are different from case to case. It is not necessary in this judgment to recite the terms of these documents	 and it is sufficient to group them for purpose of decision on the bases whether the said agreements still subsist	 and whether they are incorporated in a registered instrument or not. Petitions Nos. 437 of 1955 and 256 of 1956 are founded on unregistered documents. The answering respondent does not admit these documents	 and contends that they cannot be looked into to prove their 342 terms	 in view of the decision of this Court in Shri mathi Shantabai vs State of Bombay (1). Petitions Nos. 16	 17 and 73 of 1957 form another group	 inasmuch as the period during which the alleged agreements were to operate expired in 1955. Additionally	 the documents on which the 'claim is founded in those petitions are unregistered. In the last mentioned case	 it is pleaded that the answering State Government had recognised the agreements in favour of the petitioner but resiled from that position subsequently	 which allegation has been adequately explained by the State Government in its affidavit. The recognition was not in favour of the petitioner but in favour of one Thakur Kamta Singh	 who claimed under an agreement entered into by one Vishwanath Singh on a date when he had already transferred his interest in the Zamindari to his son Onkar Prasad Singh. This point was therefore not taken before us at the hearing	 and nothing more Deed be said about it. The main objection against these petitions is that the agreements having expired	 there is nothing left to enforce either in favour of the petitioners or against the State Government	 and the remedy	 if any	 of the petitioners is to sue the State and/or the proprietors for the breach. The last group consists of Petitions Nos. 26 and 27 of 1954	 24 of 1955 and the present petition (No. 12 of 1957). In these petitions	 the agreements with the petitioners are made by registered documents and the terms during which they are to operate have yet to expire. These cases	 it is stated	 fall outside the rule in Shantabai 's case (1)	 to which reference has already been made. They are stated to fall within the decision of this Court reported in Firm Chhotabhai Jethabai Patel and Co. vs The State of Madhya Pradesh (2). In all these petitions	 counsel argue that the view expressed in the last mentioned case is correct	 while the view in Shantabai 's case (1) needs further consider ation. The argument of the petitioners in these several cases is that Government steps into the shoes of the (1) ; (2) ; 343 quondam proprietors	 and is bound by the agreements into which the latter had entered	 before their proprietary rights were taken over by Government. They also raise the contention that the petitioners were not proprietors as defined in the Madhya Pradesh Abolition of Proprietary Rights (Estates	 Mahals	 Alienated Lands) Act	 1950 (hereinafter called the Act)	 and thus sections 3 and 4 in terms do not apply to them. These sections	 it is contended	 do not apply to profit a prendre	 which the petitioners enjoy under these agreements. In support of this contention	 reference is made to the decision of this Court in Chhotabhai 's case (1)	 and to the definition of ' proprietor ' in the Act. Reference is also made to some provisions of the C. P. Land Revenue Act to be mentioned hereafter	 to prove that the persons on whom the right to collect forest produce was conferred by the proprietors can not be regarded as proprietors even under that Act. This	 in main	 is the argument in these cases	 and even those petitioners whose agreements are incorporated in unregistered documents or whose agreements have since expired	 adopted the same line of argument denying the necessity for registration of such agreements. The matter in so far as it relates to the first two groups is simple. It has already been ruled in Shantabai 's case (2) that if the right be claimed on foot of an unregistered agreement	 it cannot be entertained. Such documents were examined from five different angles in that case	 and it was held that the document if it conferred a part or share in the proprietary right	 or even a right to profit a prendre needed registration to convey the right. If it created a bare licence	 the licence came to an end with the interest of the licensors in the forests. If proprietary right was otherwise acquired	 it vested in the State	 and lastly	 if the agreements created a purely personal right by contract	 there was no deprivation of property	 because the contract did not run with the land. Bose	 J.	 who delivered a separate judgment	 also held that in the absence of registration no right was created. (1) ; (2) ; 344 In view of the clear pronouncement of this Court	 the first two groups of petitions must fail. Petitions Nos. 16	 17 and 73 of 1957 also fail for the added reason that the agreements having expired	 the only remedy	 if any	 is to sue for breach of contract and no writ to enforce expired agreements can issue. This brings us to the arguments advanced in the last four petitions in the third group which were also adopted by the other petitioners	 whose petitions we have just considered. All these petitioners strongly relied upon Chhotabhai 's case (1). It is therefore necessary to examine attentively what was decided there. In that case	 it was held at p. 483 that: " The contracts and agreements appear to be in essence and effect licenses granted to the transferees to cut	 gather	 and carry away the produce	 in the shape of tendu leaves	 or lac	 or timber	 or wood." Reference in this behalf was made to a decision of the Privy Council in Mohanlal Hargovind of Jubbalpore vs Commissioner of Income tax	 Central Provinces and Berar (2)	 where it was observed: " The contracts grant no interest in land and no interest in the trees or plants themselves. They are simply and solely contracts giving to the grantees the right to pick and carry away leaves	 which	 of course	 implies the right to appropriate them as their own property. The small right of cultivation given in the first of the two contracts is merely ancillary and is of Do more significance than would be	 e.g.	 a right to spray a fruit tree given to the person who has bought the crop of apples. The contracts are short term contracts. The picking of the leaves under them has to start at once	 or practically at once	 and to proceed continuously. " The Bench next observed that there was nothing in the Act to affect the validity of the several contracts and agreements	 and that the petitioners were	 neither proprietors within the meaning of the Act	 nor persons having " any interest in the proprietary right through the proprietors ". After quoting from Baden Powell 's (1) ; (2) I.L.R. 	 898	 345 Land Systems of British India	 Vol. 1	p. 217	 as to what was meant by ' proprietorship ' in the Land Revenue Systems in India	 it was observed that the definition of ' proprietor ' in the Act conveyed the same sense. Finally	 repelling the argument that the agreements concerned " future goods "	 it was held on the basis of a passage in Benjamin on Sale	 8th Edition	 page 136	 that a present sale of the right to goods having a " potential existence " could be made. Since possession was taken under the agreements and consideration had also passed	 there could be " a sale of a present right to the goods as soon as they come into existence. " Reference was also made (at pp. 480	 481) to section 6 of the Act	 which provides: " (1) Except as provided in sub section (2)	 the transfer of any right in the property which is liable to vest in the State under this Act made by the pro prietor at any time after the 16th March	 1950	 shall	 as from the date of vesting	 be void. " It was observed in the case as follows: " The date	 16th March	 1950	 is probably the date when legislation on these lines was actively thought of	 and sub section (1) hits at transfers made after this date. This means that transfers before that date are not to be regarded as void. Even in the case of transfers after the said date	 sub section (2) provides that the Deputy Commissioner may declare that they are not void after the date of vesting	 provided they were made in good faith and in the ordinary course of management. The scheme of the Act as can be gathered from the provisions referred to above makes it reasonably clear that whatever was done before 16th March	 1950	 by the proprietors by way of transfer of rights is not to be disturbed or affected	 and that what vests in the State is what the proprietors had on the vesting date. If the proprietor had any rights after the date of vesting which he could enforce against the transferee such as a lessee or a licensee	 those rights would no doubt vest in the State." 44 346 It was accordingly held that the State Government could not interfere with such agreements but had only the right to enforce rights arising therefrom " standing in the shoes of the proprietors. " It is clear from the foregoing analysis of the decision in Chhotabhai 's case (1) that on a construction of the documents there under consideration and adopting a principle enunciated by the Privy Council in Mohanlal Hargovind of Jubbalpore vs Commissioner of Incometax	 Central Provinces and Berar (2) and relying upon a passage each in Benjamin on Sale and the wellknown treatise of Baden Powell	 the Bench came to the conclusion that the documents there under consi deration did not create any interest in land and did not constitute any grant of any proprietary interest in the estate but were merely contracts or licenses given to the petitioners " to cut	 gather and carry away the produce in the shape of tendu leaves	 or lac 	 or timber or wood ". But then	 it necessarily followed that the Act did not purport to affect the petitioners ' rights under the contracts or licenses. But what was the nature of those rights of the petitioners ? It is plain	 that if they were merely contractual rights	 then as pointed out in the two later decisions	 in Ananda Behera vs The State of Orissa (3)	 Shantabai 's case (4)	 the State has not acquired or taken possession of those rights but has only declined to be bound by the agreements to which they were not a party. If	 on the other hand	 the petitioners were mere licensees	 then also	 as pointed out in the second of the two cases cited	 the licenses came to an end on the extinction of the title of the licensors. In either case there was no question of the breach of any fundamental right of the petitioners which could support the petitions which were presented under article 32 of the Constitution. It is this aspect of the matter which was not brought to the notice of the Court	 and the resulting omission to advert to it has seriously impaired	 if not completely nullified	 the effect and weight of the decision in Chhotabhai 's case (1) as a precedent. (1)[1953] S.C.R. 476. (3)[1955] 2 S.C.R. 265. (2) I.L.R. 	 898. (4) ; 347 The argument of counsel in these cases followed the broad pattern of the decision in Chhotabhai 's case (1). and we next proceed to consider it. It is contended that what vests in the State is the right which the proprietors had on the date of vesting because section 3 of the Act is not retrospective	 and that the agreements are " in essence and effect licenses granted to the transferees to out	 gather and carry away the produce in the shape of tendu leaves	 or lac or timber or wood ". These agreements	 it is submitted	 grant no 'interest in land ' or I benefit to arise out of land '	 the object of the agreements can only be described as sale of ' goods ' as defined in the Indian Sale of Goods Act	 and the grant of such a right is not comprehended in the firstsub section of section 3 where it says : " . . all proprietary rights in an estate	 mahal in the area specified in the notification	 vesting in a proprietor of such estate	 Mahal or in a person having interest in such proprietary right through the proprietor	 shall pass from such proprietor or such other person to and vest in the State for the purposes of the State free of all encumbrances ". It is finally contended that the interest of these peti tioners is not I proprietary right ' at all but a right to get I goods in the shape of leaves	 lac	 etc. We have to examine these contentions critically. Before we do so	 it is necessary to set out in brief the terms of the agreements which have been produced in these cases. In Petition No. 12 of 1957 there were two agreements	 Annexures A and B. The first was executed in 1944 and granted the right from 1947 to 1956; the second was executed in 1946 and granted the right from 1957 to 1966. These are long term agreements and they are typical from case to case. Indeed	 the second agreement was made even before the first began	 and the total period is 20 years. In addition to the right to the leaves the documents pro vided for many other matters. It is convenient to quote only from Annexure 'B ': " Before this I had given you a similar contract selling Tendu leaves produce by contract dated (1)[1953] S C.R. 476. 348 7 7 1944 registered on 12 7 1944. In pursuance of that registered contract	 which is for five years from 1947 to 1951 and another for subsequent five years from 1952 to 1956 in all for ten years	 you are to remain in possession and occupation of the areas and the Tendu leaves produce till the termination of the year 1956 for which time you continue your possession and thereafter in pursuance of this contract you continue for further period of ten years your possession and occupation from 1957 to 1966 as is usual and customary pruning and coppicing Tendu leaves plants	 burning them	 and instal Fadis for collection of Tendu leaves and construct Kothas (godowns) for storage of the leaves at your sweet will and choice on any open plot or land within the estate with my permission and you are allowed to take free of all costs any Adjat timber	 bamboos	 etc.	 from my forests for constructing them. I shall charge you no further consideration. In the same manner	 for the purpose of constructing these godowns and such thing you may according to your convenience (you may) manufacture bricks at any place you like in the vicinity of any rivers	 rivulet	 Nala or pond at your costs. I shall not receive from you any extra amount as rent for the use and occupation of land that will be used for construction of Kothas	 for manufacturing bricks and for locating Fadis (Bidi leaves collection centres). All those are included in the consideration fixed for this contract. All these rights are already conferred on you in the previous contract dated 7 7 1944 and under this contract for the entire contract period. It is also open to you to collect Tendu leaves not only those growing in the summer season but also those growing in Kartik. During the term of this contract	 if for one reason or another it becomes necessary for you to sell the Tendu leaves produce and assign this contract to any other person you can do so. But you shall be responsible for me to give my consent after inquiring of the fitness of the intended transferee. However	 you shall continue to be responsible to pay to me the agreed amount of instalments on or before the agreed dates; and if the agreed amount of instalment is not paid to me on or 349 before the agreed date	 I shall have full right to start proper proceedings in that connection ". In Petition No. 26 of 1954	 the period of the two agreements was from 1944 to 1963. There too	 the rights were similar to those in Petition No. 12 of 1957	 and analogous terms are to be found in Petitions Nos. 27 of 1954 and 24 of 1955. The question that arises is	 what is the nature of this right? In English law	 distinction was made between easements and profit a prendre and a right to take the produce of the soil was regarded as a profit a prendre. While easements were not regarded as an interest in land	 a right to take the produce of the soil or a portion of it was an interest in land: Fitzgerald vs Fairbanks (1). Profit a prendre can be the subject of a grant. Where they take the form of a grant	 they are benefits arising from land. In all these cases	 there is not a naked right to take the leaves of Tendu trees together with a right of ingress and of regress from the land; there are further benefits including the right to occupy the land	 to erect buildings and to take other forest produce not necessarily standing timber	 growing crop or grass. The right of ingress and of regress over land vesting in the State can only be exercised if the State as the owner of the land allows it	 and even apart from the essential nature of the transaction	 the State can prohibit it as the owner of the land. Whether the right to the leaves can be regarded as a right to a growing crop has	 however	 to be examined with reference to all the terms of the documents and all the rights conveyed thereunder. If the right conveyed comprises more than the leaves of the trees	 it may not be correct to refer to it as being in respect of growing crop ' simpliciter. We are not concerned with the subtle distinctions made in English law between emblements	 fructus naturals and fructus industriales	 but we have to consider whether the transaction concerns " goods " or "moveable property " or " immovable property ". The law is made difficult by the definitions which exist in the General Clauses Act	 the Sale of Goods Act	 the (1)[1897] 2 Ch. 350 Transfer of Property Act and the Registration Act. These definitions must be placed alongside one another to get their ambits. If the definitions are viewed together	 it is plain that they do not tell us what " immovable property " ' is. They only tell us what is either included or not included therein. One thing is clear	 however	 that things rooted in the earth as in the case of trees and shrubs	 are immovable property both within the General Clauses Act and the Transfer of Property Act	 but in the latter	 " standing timber "	 " growing crop " and " grass " though rooted in earth are not included. Of these	 " growing crop " and " grass form the subjectmatter of the sale of goods	 and standing timber " comes within the last part of the definition of ' goods ' in the Indian Sale of Goods Act	 to be subject thereto if the condition about severing mentioned in the definition of ' goods ' exists. It has already been pointed out that the agreements conveyed more than the tendu leaves to the petitioners. They conveyed other forest produce like timber	 bamboos	 etc.	 the soil for making bricks	 the right to prune	 coppice and burn tendu trees and the right to build on and occupy land for the purpose of their business. These rights were spread over many years	 and were not so simple as buying leaves	 so to speak	 in a shop. The expression " growing crop " might appropriately comprehend tendu leaves	 but would not include	 Adjat timber '	 bamboos	 nor even tendu plants. The petitioners were not to get leaves from the extant trees but also such trees as might grow in the future. They could even burn the old trees	 presumably	 so that others might grow in their place. In these circumstances	 the agreements cannot be said to be contracts of sale of 'goods ' simpliciter. It remains now to consider whether the rights enjoyed by the petitioners can be said to fall within section 3(1) of the Act. That section divests the proprietors of their proprietary rights	 as also any other person having an interest in the proprietary right through the proprietor and vests those rights in the State. That section has to be read with the section which 351 follows	 and which sets out the consequences of vesting of such rights in the State. The rights which vest can be stated briefly to be (a) all proprietary rights in the proprietor	 and (b) all proprietary rights in any person having interest in such proprietary rights through the proprietor. These rights vest in the State free of all encumbrances. Section 4 of the Act provides inter alia that after the notification has been issued	 then	 ' notwithstanding anything contained in any contract	 grant or document or in any other law for the time being in force and save as otherwise provided in this Act ' the following consequences (among others) shall ensue: " (a) all rights	 title and interest vesting in the proprietor or any person having interest in such proprietary right through the proprietor in such area including Land (cultivable or barren)	 grassland	 scrubjungle	 forest	 trees	 fisheries	 wells	 tanks	 ponds	 water channels	 ferries	 pathways	 village sites	 hats	 bazars and melas; and in all subsoil	 including rights	 if any	 in mines and minerals	 whether being worked or not	 shall cease and be vested in the State for purposes of the State free of all encumbrances; and the mortgage debt or charge on any proprietary right shall be a charge on the amount of compensation payable for such proprietary right to the proprietor under the provisions of this Act; (b)all grants and confirmation of title of or to land in the property so vesting or of or to any right or privilege in respect of such property or land revenue in respect thereof shall	 whether liable to resumption or not	 determine: ". If these petitioners can be said to be possessing " an interest in the proprietary right "	 then their rights	 title and interest in the land determine under the Act	 and vest in the State. The petitioners	 therefore	 contend that their rights under the agreements cannot be described as 'proprietary right ' or even a share of it. They rely on the definition of 'proprietor ' in the Act	 and refer under the authority of section 2(b) of the Act to the Central Provinces Land Revenue Act	 1917. The definition in the Act is not exhaustive. It only 352 tells us who	 besides the proprietor	 is included in the term 'proprietor '. Further	 the definitions in the Act are subordinate to the requirements of the context and the subject matter of any particular enactment. From the Act	 we know that the proprietor 's interest in forest	 trees	 shrub	 grass and the like passes to the State. The question thus resolves into two short ones did the former proprietors own proprietary interest in these trees	 and did they part with that proprietary interest and convey it to the petitioners ? There is but little doubt that in so far as the Act is concerned	 it does contemplate cesser of all proprietary rights in land	 grass land	 scrub jungle	 forest and trees	 whether owned by the proprietor or through him by some other person. The contention of the petitioners is that by the term " proprietor " is meant what that term conveys in the Central Provinces Land Revenue Act	 and reference is made for this purpose to various sections therein. The term " proprietor " is defined in the Central Provinces Land Revenue Act thus: " " Proprietor " except in sections 68	 93 and 94	 includes a gaontia of a Government village in Sambalpur Territory. " This definition does not advance the matter any further. In several sections	 special explanations are added to define " proprietors ". In all those explanations	 the term is not defined	 but is said to include 'thekedars or headmen with protected status '	 I mortgagee with possession '	 I lessees holding under leases from year to year ' and the like. In addition	 there is invariably the inclusion of I a transferee of proprietary	 rights in possession '	 which again leaves the matter at large. See sections 2(5)	 2(21)	 53 and 68. Counsel faced with this difficulty rely upon the scheme of settlement in Ch. VI of the Central Provinces Land Revenue Act 	 and the record of rights which consists of Khewat	 a statement of persons possessing proprietary rights in the mahal including inferior proprietors or lessees or mortgagees in possession	 specifying the nature and extent of the interest of each; and Khasra or field book and Jamabandi or list of persons 353 cultivating or occupying land in the village. these documents are prepard separately. The petitioners contend that by 'proprietary right ' is meant that right which can find	 a place or be entered in the Khewat	 and the rights enjoyed by the petitioners are not and cannot be entered in the Khewat because thay are not 'proprietary rights '. They also refer to the schemes of settlement under which proprietors subproprietors etc. 	 are determined and offered assessment. In our opinion	 these arguments	 though attractive	 do not represent the whole of the matter. What these documents record and what the settlement operations determine are the kinds of ' proprietors ' among whom the entire bundle of rights is shared. Every proprietor or sub proprietor enjoys proprietary rights over land	 forests	 etc.	 falling within his interest. The right to forest trees	 etc.	 is the consequence of proprietorship	 and indeed	 under section 47(3) the State Government can declare which rights and interest must be regarded as ' proprietary rights '. That sub section provides: " The State Government may declare the rights and interests which shall be deemed to be proprietary rights and interests within the meaning of sub section (2). " The second sub section provides: " The Deputy Commissioner shall cause to be recorded	 in accordance with rules made under section 227	 all changes that have taken place in respect of	 and all transactions that have affected	 any of the proprietary rights and interests in any land. " The matter is made clear if one refers to the provisions of section 202 of the Land Revenue Act. That section confers on Government the power to regulate the control and management of the forest growth on the lands of any estate or mahal. A reading of sub sections (4) to (8) of that section clearly shows that forests belong to the proprietors from whom under those sub sections they can be taken over for management	 the profits of the management less expenses being paid to the proprietors or to superior and inferior proprietors as the case may be. Sub sections (9) and (10) provide 45 354 (9)" No lease	 lien	 encumbrance or contract with respect to the forest land held under direct manage ment shall be binding upon the Government. (10)On the expiration of the period fixed for the direct management	 the forest land shall be restored to the proprietor thereof" Even here	 the term ' proprietor ' is explained by the usual explanation showing the same category of persons as included in the section. From this	 it is quite clear that forests and trees belonged to the proprietors	 and they were items of proprietary rights. The first of the two questions posed by us	 therefore	 admits of none but an affirmative answer. If then the forest and the trees belonged to the proprietors as items in their ' proprietary rights '	 it is quite clear that these items of proprietary rights have been transferred to the petitioners. The answer to the second question is also in the affirmative. Being a 1 proprietary right '	 it vests in the State under sections 3 and 4 of the Act. The decision in Chhotabhai 's case (1) treated these rights as bare licenses	 and it was apparently given per incuriam	 and cannot therefore befollowed. Even assuming that the documents in question do not amount to grant of any proprietary right by the proprietors to the petitioners	 the latter can have only the benefit of their respective contracts or licenses. In either case	 the State has not	 by the Act	 acquired or taken possession of such contracts or licenses and consequently	 there has been no infringement of the petitioners 	 fundamental right which alone can support a petition under article 32 of the Constitution. The result is that these petitions fail	 and are dismissed	 but in view of the fact that they were filed because of the decision in Chhotabhai 's case (1)	 there shall be no order about costs. Petitions dismissed.

Some of the proprietors of the former State of Madhya Pradesh granted to the several petitioners rights to take forest produce	 mainly tendu leaves	 from the forests included in the Zamindaris belonging to the proprietors. The agreements conveyed to the petitioners in addition to the tendu leaves other forest produce like timber	 bamboos	 etc.	 the soil for making bricks	 and the right to build on and occupy land for the purpose of their business. These rights were spread over many years	 but in the case of a few the period during which the agreements were to operate expired in 1955. Some of the agreements were registered and the others unregistered. After the coming into force of the Madhya Pradesh Abolition of Proprietary Rights (Estates	 Mahals	 Alienated Lands) Act	 1950	 the Government disclaimed the agreements and auctioned the rights afresh	 acting under section 3 of the Act under which " all proprietary rights in an estate . . in the area specified in the notification	 vesting in a proprietor of such estate. or in a person having interest in such proprietary right through the proprietor	 shall pass from such proprietor or such other person to and vest in the State for the purposes of the State free of all encumbrances". The petitioners filed petitions under article 32 of the Constitution of India challenging the legality of the action taken. by the Government on the ground that it was an invasion of their fundamental rights. They contended (1) that the Government stepped into the shoes of the quondam proprietors and was bound by the agreements into which the latter had entered	 before their proprietary rights were taken over by the Government	 (2) that the petitioners were not proprietors as defined in the Act and therefore sections 3 and 4 of the Act did not apply to them	 (3) that the agreements were in essence and effect licenses granted to them to cut	 gather and carry away the produce in the shape of 340 tendu leaves	 or lac	 or timber or wood	 (4) that the agreements granted no 'interest in land ' or 'benefit to arise out of land ' and that object of the agreements could only be described as sale of goods as defined in the Indian Sale of Goods Act	 and (5) that the interest of the petitioners was not proprietary right but only a right to get goods in the shape of leaves	 etc The petitioners relied on the decision in Firm Chhotabhai jethabai Patel and Co. vs The State of Madhya Pradesh; 	 Held : (1) that the agreements required registration and in the absence of it the rights could not be entertained. Srimathi Shantabai vs State of Bombay	 ; 	 followed. (2)that in cases where the period stipulated in the agree ment had expired	 the only remedy	 if any	 was to sue for breach of contract and no writ to enforce expired agreements could issue. 	 (3) that on their true construction the agreements in question were not contracts of sale of goods. (4) that both under the Act in question and the Central Provinces Land Revenue Act	 1917	 the forests and trees in the Zamindari area belonged to the proprietors and they were items of proprietary rights. Consequently	 the rights conveyed to the petitioners under the agreements were proprietary rights	 which under sections 3 and 4 of the Act	 became vested in the State. (5)that assuming that the agreements did not amount to grant of any proprietary right by the proprietors to the petitioners	 the latter could have only the benefit of their respective contracts or licenses. In either case	 the State had not	 by the Act	 acquired or taken possession of such contracts or licenses and	 consequently	 there had been no infringement of the petitioners ' fundamental rights which alone could support a petition under article 32 of the Constitution. Chhotabai jethabai Patel and Co. vs The State of Madhya Pradesh	 ; 	 not followed. Ananda Behera vs The State of Orissa	 [1955] 2 S.C.R. gig	 followed.