Shanta Bai v. State of Bombay, 1958
Facts
The owner of the forest executed an unregistered document styled as a lease in favor of his wife named Shanta Bai As per the deed, the right was conferred upon her to enter the estate for cutting and taking out bamboo, fuel wood, and teak for consideration of Rs 26,000 for a period of Twelve and half years. At the same time, she was prohibited from cutting teak plants that were under the height of one and a half feet.
Later on "M.P Abolition of Proprietary Rights Act, 1950" was passed, which transferred all the rights to the estate. The plaintiff was stopped from cutting trees, by a forest officer. She appealed under Article 32 before the Apex court after the verdict passed by the High Court was against her.
Plaintiff contention
The contended property was movable and for transferring it doesn't require registration of the document.
Defendant contention
- It is immovable property and the document transferring the said property was unregistered, hence it can not be enforced.
- Section 3 of TPA lays down Immovable property does not include :
- Standing timber
- Growing crops
- Grass
Issue
- Whether the nature of trees which was mentioned above are movable or immovable?
Ratio Decidendi
1. The Indian Registration Act, of 1908 includes land, buildings, hereditary allowance (payable out of the income of land ), right to ways, lights, ferries, fisheries, and any benefit to arise out of land and things attached to earth.
2. Section 3(26) of the General Clauses Act, 1897 "Immovable property" shall include
(i) land
(ii) Benefits arise out of land
(iii) Things attached to the earth or permanently fastened to anything attached to the earth.
3. The period is given as twelve and half years which reflects that the purpose of the petitioner was not to cut timber only, she had the purpose to take benefit arose out of the land (derive profit from soil, in way of nourishment).
Judgment
- Hence, it was proved that she was trying to take benefit from the land in the long term so the court dismissed her appeal.
