Proprietary rights in tenancy land include standing trees unless the statute shows a contrary intention.

A statutory grant of proprietary rights in tenancy land under Section 11 was construed to transfer the landowner's entire right, title and interest in the land, including standing trees, because the expression was held wide enough to cover them absent a contrary intention. The Court read Section 11 consistently with Section 8 of the Transfer of Property Act, under which a transfer of land ordinarily includes trees standing on it. Section 84(a)(i) was treated as dealing with State acquisition and not as limiting Section 11. The contention that the trees were forest trees or too valuable to pass was rejected, and the writ relief below was sustained.

---

---

Issues: Whether trees standing on tenancy land vest in the tenant when proprietary rights are granted under Section 11 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953.

Analysis: The expression "right, title and interest of the land-owner in the land" was held wide enough to include trees standing on the land. Section 11 provides that on grant of the certificate the tenant becomes owner of the land comprised in the tenancy and the landowner's right, title and interest determine. The Court construed this provision consistently with Section 8 of the Transfer of Property Act, under which a transfer of land ordinarily includes standing trees unless a different intention appears. Section 84(a)(i) was distinguished as dealing with vesting on State acquisition and not controlling the meaning of Section 11. The contention that the trees were forest trees or too valuable to pass for the compensation amount was rejected on the facts and on the breadth of the statutory language.

Conclusion: Trees standing on the tenancy land vested with the tenant when proprietary rights were granted under Section 11, and the respondents were entitled to the relief sought.

Final Conclusion: The appeal was not accepted, and the writ relief granted below was sustained.

Ratio Decidendi: A statutory grant of proprietary rights in tenancy land passes the landowner's entire right, title and interest in the land, including standing trees, unless the statute indicates a contrary intention.

---