...though in the findings of the Courts below possession of the lands has passed to the complainant, it does not follow that possession of the bamboos also passed.2. Standing crops it is pointed out are included in the d...clumps standing on the land. Some weeks later, the petitioners cut and removed all the bamboos, 236 in number. They have been, for this act, prosecuted and convicted under S. 379, I.P.C It was contended...1. The complainant Deoki Pande was auction-purchaser, at a rent execution sale, of a holding of Gokul Rai and others; he took delivery of possession on 16th July 1931. There were bamboo...

...Property Act, standing timber, growing crops and grass are included in “move-able” property. In the General Clauses Act (I, of 1868), however “immoveable” prope...Stuart, C.J, Straight, J., Oldfield, J., Brodhurst, J. and Tyrrell, J.:— The question referred is whether standing timber is moveable property within the meaning of s. 19...“immoveable” property; and under these definitions standing timber will be “immoveable” property. The interpretation clause of the...

...anything which is attached to the earth, but not standing timber, growing crops nor grass;and moveable property, is defined in Cl. (9) as including standing timber...falls within the description of growing crops. With all due respect, I doubt if a date tree can be described as standing timber, and the definitions of moveable and immoveable property in the Regi...date trees in future years was more nearly described as a benefit arising out of standing trees or timber than a benefit to arise out of land and that the juice of date trees being produced annually...

...getting registration effected in Derapur. It further points out that a him tree is essentially standing timber, and, as such, it must be regarded as moveable property. Immovable property, as defined in the Registration Act,...building and repairing houses, and a nim tree must be regarded as primarily a timber tree, the wood whereof is fit to be used for such purposes and moveable property for the purpose of registration. In...Ramman Lal v. Ram Gopal (2) it was held that, while trees of a grove cannot be regarded as standing timber, because the sale of such a grove would not necessarily involve the idea of...

...include standing timber, growing crops or grass” and it was argued that these three terms must be treated as ejusdem generis with the common idea of immediate severance. In Shephard and B...on the Transfer of Property Act, the learned commentators say: “In excepting standing timber, growing crops, and ...things. “but not standing timber, growing crops nor grass.” Rustomji in his Commentary on this Act says: “If trees are sold with a view to the purchaser's keeping them permanently standing ...

...to assume that the instrument is a lease, or, if it is not, that it is an assignment of an interest of the value of Rs. 140. The Act defines “moveable property” as including “standing timber, growing crops ...instrument then in question it was not among the trees and grass then growing and ready to be cut that the defendant was to acquire. He was further to be at liberty to take all the trees which might grow...contract then in question fell under the latter description the learned Judge expressly attached importance to its duration, four years, and presumably also to the nature of the property, timber, grass and...

..., but not standing timber, growing crops, nor grass.”It seems to me that there is an antithesis there between those things which are attached to the earth and likely to remain perma...attached to the earth and those things which in all probability will very soon be severed. For example the definition excludes standing timber, that which is intended to be severed from the earth and used for build...definition of ‘immoveable property’ by reference to the definition of ‘moveable property’ in the following clause of the section. ‘Moveable property’ is said to include standing timber, growing crops and ...

...apply to the facts of the case. Moreover, right to hold bazar is an interest in the land. Section 3 of the Transfer of Property Act, 1882 defines “immovable property” to exclude standing timber, growing crops ...or bazar together with the land standing thereon would stand vested in the State free from all encumbrances. Similarly, Section 7-B excludes the operation of Sections 5, 6 and 7 in respect of melas..., AIR 1956 SC 63 when the building standing on the land comprised in the estate was notified and the validity of Section 4(h) of the Act was questioned, another Constit...

...right is called a licence.' According to Sec. 3 of the T. P. Act, immovable property does not include standing timber, growing crops or grass. But there is nothing in that Act otherwise defining immovable ..., by the nutriment afforded by the land'. The decision in that case eventually turned on the definition of movable property in the Registration Act which includes 'standing timber, growing crops and ..., where it was decided that a document, which assigned a right to cut and enjoy trees etc., standing in the village tank for a period of four Years from its date conveyed an interest in immovable...

....”According to S. 3 of the Transfer of Property Act, immoveable property does not include standing timber, growing crops or grass. But there is nothing in that Act....’”The decision in that case eventually turned on the definition of moveable property in the Registration Act which included “standing timber, growing crops and grass, fruit upon ...and enjoy trees etc., standing in the village tank for a period of four years from its date conveyed an interest in immoveable property, because it was contemplated that the assignee should derive a...

...). The words have been differently defined in different Acts. In, the Registration Act and the Transfer of Property Act, standing timber, growing crops and ...1. This appeal arises out of a suit for a declaration of the plaintiffs' mokarari right to certain trees standing on the bank of a bund and for recovery of possession thereof and also for...they stood. The plaintiffs obtained in Kartik 1310 a mokarari settlement of the bund and of the trees standing thereon from the present shebait of the idol. The defendants on the Strength of a purchase...

...” as including standing timber, growing crops and grass, fruit upon and juice in trees, and property of every other description except immovable property.”2. On be...by the land.”5. Shephard, J. pointed out that under the instrument then in question it was not merely the trees and grass then growing and ready to be cut that the defendant was to...duration, four years and presumably also to the nature of the property, timber grass and under growth which would be augmented by spontaneous growth. No doubt in the present case in which plaintiff's...

...does not, of course, require registration.“Moveable property” is defined in S. 2 Cl. 9 of the Registration Act as including“standing timber, growing crops ..., but not standing timber, growing crops nor grass.”From this definition it is clear that what is really moveable property may become immoveable property if it is attached to the earth or...of a mortgage decree obtained by the third defendant on a mortgage executed on the 6th July, 1934 by defendants 1 and 2 over the property known as the South India Bone Mills at Samalkot. The property...

...Act does not define the term 'immovable property' except negatively by excluding standing timber, growing crops and grass. The General Clauses Act (X of 1897) conta...compulsory winding up. On the 3rd September, 1932 by a registered deed the appellants conveyed to the Company certain lands in the village of Shedimane, South Kanara District and assigned the benefit of a...property and the mortgage-decree for the due payment of the balance of the consideration. It was also provided that the vendors should remit a sum of Rs. 10,000 if the Company should pay the balance...

..., buildings, benefits to arise out of land and things attached to the earth or permanently fastened to anything which is attached to the earth, ‘but not standing timber, growing crops nor grass.’ ...immoveable property even without the clause “but not standing timber, growing crops or grass.” While a tree, in order to come within the definition of immoveable property, must be a standing tree,...down. Even if they were expected to be cut down they would not be timber trees. Fruit trees are immovable property; they are attached to the earth and are not standing timber, growing crops or ...

...permanently fastened to anything which is attached to the earth, but not standing timber, growing crops or grass” 2(9) - “movable property” includes standing ...property” as follows: “ immovable property” does not include standing timber, growing crops or grass..., growing crops or grass. But Transfer of Property Act does not define the term “immovable property”, beyond saying that it does not include “standing timber, growing crops or ...

..., ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops ...standing timber, growing crops or grass”(emphasis supplied)8. But the expression “movable property” is not defined anywhere in the..., fisheries and any other benefit arising out of land inclusive of things attached to earth, permanently fastened to anything which is attached to earth, but excluding standing timber, growing crops or...

..., growing crops or grass”4. The word “moveable property” has not been defined in the Act but only lays down that standing timber, growing crops or grass shall not ...of land, and things attached to the earth, or permanently fastened to any thing which is attached to the earth, but not standing timber, growing crops, nor grass”.8. Sub-clause (9)...purposes of various Acts, the definition of the two words differs in some way or the other, but the common factor is that “immoveable property” does not include standing timber, growing crops or grass. As ...

...is attached to the earth, but not standing timber, growing crops nor grass. It is clear from the definition provided in the Registration Act that standing timber, growing ...Section 3 of the Transfer of Property Act, “immovable property” does not include standing timber, growing crops, or grass,...General Clauses Act must prevail, proceeds to distinguish between standing timber and a tree. It holds, among other things, thus:...

...arise out of land, things attached to the earth or permanently fastened to anything which is attached to the earth but not standing timber, growing crops and grass.14...land and things attached to earth or permanently fastened to anything which is attached to the earth but not standing timber, grown crops nor grass. Section 17 sub-section (1)(b...injunction restraining the defendants: from collecting any box office collection at the said Cinema Hall and also from exploiting or exhibiting the said film “Chadmabeshi”.2. The...