Standing crops do not pass automatically in execution sales unless specifically included in the court sale terms.

In a court-auction sale in execution of a money decree, the purchaser acquires only the judgment-debtor's right, title and interest in what was actually put up for sale. Standing crops are treated as movable property under the Code of Civil Procedure and do not pass automatically with the land. Whether crops transfer depends on the terms of the sale proclamation, certificate and possession proceedings, and on what the court intended to sell and the purchaser understood was being bought. Where the sale documents refer only to the land and omit the crops, the purchaser does not acquire title to the standing crops unless they are specifically included in the sale.

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Issues: Whether, on a court sale of land in execution of a money decree, the auction-purchaser acquires title to standing crops on the land merely by virtue of the sale of the land.

Analysis: In execution, only the right, title and interest of the judgment-debtor in the property sold passes to the purchaser. The Code of Civil Procedure treats growing crops as movable property, and the modes of attachment, sale and delivery of possession of growing crops are distinct from those relating to immovable property. Section 8 of the Transfer of Property Act, 1882 does not govern transfers in execution of a decree. Whether crops pass with the land depends on what was actually put up for sale, what the court intended to sell, and what the purchaser understood she was buying and paying for. Here, the sale proclamation, sale certificate and possession proceedings referred only to the lands by khasra numbers and area, with no mention of growing crops. The crops were neither specifically attached nor specifically sold, and the purchaser's later claim to them could not enlarge the scope of the sale. The authorities relied upon for the contrary view were distinguished as arising under different statutes, different proceedings, or without consideration of the Code's special scheme.

Conclusion: No. The auction-purchaser did not acquire title to the standing crops merely because the land was sold in execution; the crops remained with the judgment-debtor unless specifically sold along with the land.

Ratio Decidendi: In a court-auction sale in execution of a decree, the purchaser acquires only what was actually put up for sale and intended to be sold, and standing crops do not pass with the land unless they are specifically included in the sale.

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