AYUB HAJI SULEMAN Vs. JAINUDDIN GULAMALLI MAULVI

JUDGEMENT

(1.) The plaintiff sued to recover compensation for his mango trees unlawfully out by the defendant, valuing the claim at Rs. 100. The defendant alleged that he was the owner of the trees and the plaintiff was not the owner, and had never been in possession. He admitted that he had cut the trees. The issues were: 1. Does the plaintiff prow his title to the trees in dispute? 2. Does he prove that he was in possession of them within twelve years before suit? 3. What amount, if any, is he entitled to recover for damages in respect of the same?

(2.) No issue was raised whether the Court had jurisdiction to try the case, and there is no dispute with regard to the facts. The plaintiff purchased the trees without the land, in 1898, by a registered sale-deed. Three years before suit the defendant, who had recently come to reside in the village, purchased the land on which these trees stood by a registered sale-deed. He made no enquiry by searching the Sub-Registrar's office to see whether the trees had been sold to anybody before. In ordinary circumstances, a purchaser will not be put on notice to discover whether the trees on the land which he intends to buy have been sold already to somebody else. The general rule is that the trees go with the land.

(3.) But, apparently in some districts in this Presidency, it is recognized that owners of land, including the trees thereon, part with the ownership of the trees without parting with the ownership of the land, with the result that disputes arise with regard to the ownership of the trees, and litigation follows as in this case. The plaintiff was able to prove that he used to take the fruit of the three trees in suit up to the time that they were cut by the defendant. Therefore, on the evidence, it is clear that however unlawfully the defendant cut down plaintiff's trees so that he would be liable to an action for damages, the question would be whether the Small Cause Court had jurisdiction to try such an action.