High Court Punjab-Haryana High Court

State Of Haryana And Others vs Madan Lal And Others on 17 October, 2008

Punjab-Haryana High Court
State Of Haryana And Others vs Madan Lal And Others on 17 October, 2008
R.S.A. No.3342 of 2007                                 -1-


      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH
                   ****
                              R.S.A. No.3342 of 2007
                            Date of Decision:17.10.2008

State of Haryana and others
                                                       .....Appellants
          Vs.
Madan Lal and others

                                                       .....Respondents

CORAM:- HON'BLE MR. JUSTICE HARBANS LAL

Present:-   Mr. K.S. Godara, Deputy Advocate General, Haryana
            for the appellants.

            Mr. V.K. Jain, Senior Advocate with Mr. Parshant Vashisth,
            Advocate for the respondents.
                         ****
HARBANS LAL, J.

The facts giving rise to this case are that the plaintiffs are

owners in possession of the suit land on which they had planted good

number of Shisham as well as Kikkar trees more than 12 years ago. The

trees are now ripe for felling. The defendants have illegally enumerated on

26 trees and are claiming one half value of the wood. Earlier, they had

felled 11 Shisham/Kikkar trees valued at Rs.30,000/-. The defendants are

interfering in the rights of the plaintiffs to do so. As against this, the

defendants have come up with the plea that the disputed trees were planted

by the Forest Department on the southern side of Jagadhri- Buria Road,

which were nourished and enumerated by their officials. Thus, the State is

the owner of the wood standing there. Since the area has not been lawfuly

demarcated, the plaintiffs cannot claim exclusive right on the trees in

question. As alleged 13 trees were given to the plaintiffs towards 50% as

the price of the trees in view of the scheme formulated by the State
R.S.A. No.3342 of 2007 -2-

Government. The following issues were framed:-

1. Whether the plaintiffs are owners in possession of the

property in dispute, as alleged? OPP

2. Whether the plaintiffs are entitled for the relief of

permanent injunction on the grounds, as alleged? OPP

3. Whether the plaintiffs have no locus standi to file the

present suit? OPD

4. Whether the plaintiffs are legally estopped from filing

the present suit by their own act and conduct? OPD

5. Whether suit of the plaintiffs is not maintainable? OPD

6. Relief.

After hearing the learned counsel for the parties and examining

the evidence on record, the learned Additional Civil Judge (Senior

Division), Jagadhri decreed the suit vide his judgment/ decree dated

31.7.2006 with the observations that “However, it is made clear that the

plaintiffs shall be liable to deposit 15% of the value of the trees in question

standing in their land, planted and maintained by the Forest Department, in

Government exchequer as and when they intended to cut and remove these

trees.” The defendants feeling aggrieved therewith, went up in appeal,

which has also been dismissed by the Court of learned District Judge,

Yamuna Nagar vide his judgment/ decree dated 9.6.2007. Being undaunted

and dissatisfied therewith, the defendants have preferred this appeal.

I have heard the learned counsel for the parties, besides

perusing the findings returned by both the Courts below with due care and

circumspection.

Mr. K.S. Godara, DAG, Haryana has urged with great
R.S.A. No.3342 of 2007 -3-

eloquence that the learned trial Court has directed the plaintiffs-

respondents to deposit 15% of the value of the disputed trees, whereas

according to the observations made by this Court in R.S.A. No.3137 of

1998, bearing caption `Haryana State and others v. Naresh Kumar and

others‘, decided on 6.5.1999, the plaintiffs should have been directed to

deposit 30% of the value of the trees in dispute and thus the impugned

judgments/ decrees are liable to be modified. He has produced the certified

copy of the judgment delivered in the above-mentioned regular second

appeal.

To overcome these submissions, Mr. V.K. Jain, learned Senior

Advocate, representing the plaintiffs- respondents by placing reliance upon

the observations made in re: Hakim Hari Ram etc. v. Santa Ram etc.,

1955 Punjab Law Reporter 6; Panni Lal v. Med Singh, 1987 Punjab

Law Journal 56; Ghasi Ram v. Arun Kumar, 2006(1) Recent Civil

Reports (Civil) 751 and State of Haryana and others v. Shadi (died)

represented by his legal representatives, 2003(1) Recent Civil

Judgments 102 argued that the defendants/ appellants are not entitled to get

even 15% of the value of the disputed trees.

I have well considered the rival contentions. In unreported case

of Naresh Kumar (supra), this Court has observed that “Since the trees

were planted on the land of the plaintiffs by the Forest Department on the

direction of PWD Department, the learned Additional District Judge rightly

directed the Forest Department to give 30% share of the case before me.” In

the case of Hakim Hari Ram, etc. (supra), the Division Bench of this

Court has held as under:-

“Trees belong to the owner of the soil. If a person plants
R.S.A. No.3342 of 2007 -4-

trees on land not belonging to him, the trees belong to the

owner and not to the planter. If a person plants trees on joint

land, the trees belong to all the co-sharers and not the planter

alone. Whether the land on which the trees stand should in

partition be allotted to the planter or not, is a question which

relates to the mode of partition and should be decided by the

Revenue Officer and cannot be decided by the Civil Court.”

Further in re: Panni Lal’s case (supra), it has been held by

this Court that “the trees planted by predecessor-in-interest of defendant on

land in ownership of plaintiff belong to the owner of land and not to

planter. The defendant cannot remove the trees.” Again in re: Ghasi

Ram’s case (supra), it has been observed by this Court that “the trees upon

the land are part of the land and that the right to cut down and sell those

trees is incidental to the proprietorship of the land. The trees being a fixture

with the land remain belonging to the landlord irrespective of the land being

on rent or lease and the trees even being planted by the tenant / lessee.” In

re: Shadi (died) represented by his legal representatives’ case (supra),

it has been observed that “Since, it has been held that the land where the

trees were planted by the Forest Department belonged to the plaintiff-

respondent (represented by his legal representatives), so the plaintiff-

respondent had become owner of the disputed trees. For these reasons, the

First Appellate Court had held that the value of the trees to the extent of

85% would be taken by the plaintiff- respondent and the remaining 15% by

the Forest Department which had planted the trees. I have no reason to

differ from the conclusion arrived at by the First Appellate Court.”

Adverting to the facts of the instant case, needless to say, both
R.S.A. No.3342 of 2007 -5-

the Courts below have concurrently held that the plaintiffs are liable to

deposit 15% of the value of the disputed trees. In view of Shadi (died)

represented by his legal representatives’ case (supra), no contrary view

can be taken to these findings. It is worth pointing here that the plaintiffs-

respondents have not posed a challenge to the direction given to them by the

Courts below to deposit 15% of the value of the disputed trees either by

filing a separate appeal or cross-objections. Thus, in view of the

observations rendered in re: Shadi (died) represented by his legal

representatives’ case (supra), the above findings returned by both the

Courts below are not liable to be disturbed. More to the point, no substantial

question of law arises in this appeal. Hence, this appeal is dismissed.

October 17, 2008                                         ( HARBANS LAL )
renu                                                          JUDGE

Whether to be referred to the Reporter? Yes/No