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While a tree, in order to come within the definition of immoveable property, must be a standing tree, every standing tree is not immoveable property; the Legislature has expressly excepted from the definition standing timber trees, growing crops and grass. The reason why they have been excepted from the definition is that, though they are standing for the time being, they are meant not to remain standing, that they can be brought to use only after they have been cut and that they are meant to be cut sooner or later. It is on account of their nature or character that they have been taken out of the definition of immoveable property. The reason for taking these things, though attached to the earth, out of the definition of immoveable property being their nature, it is reasonable to consider the nature of a thing when a question arises whether it is standing timber, growing crop or grass. Though a timber tree must be felled or cut down before it can be used as timber, it would be wrong to say that while it is standing it is not a timber tree. A standing timber tree must be not only a timber tree but also standing; it would be illogical to say that a timber tree is not a timber tree, because it is standing.

but, according to Murray's Dictionary, 'standing timber' means 'standing timber trees'. With great respect to the learned Judicial Commissioner I do not agree that whether a standing tree is a standing timber or not depends upon the character of the transaction and the intention in regard to its being severed or left standing. I respectfully dissent from the view that because in a mortgage the mortgagee has no right to cut the tree, every tree, regardless of its nature, is immoveable property. Surely growing crops and grass would not be immoveable property either because they are mortgaged, or because the deed transferring them does not contain any intention that they are to be cut. Regardless of any intention about their being cut or left standing being expressed in the deed of transfer, they are to be held to be moveable property and there is no reason for taking a different view in respect of standing timber. If it is standing timber, according to its very nature, it is moveable property, regardless of any intention about its being cut or left standing.

21. The meaning of the expression "standing timber" used in the Registration Act as well as in the Transfer of Property Act does not seem to be free from difficulty. The maxim "quidquid plantatur solo solo cedit" has been held to be inapplicable to India, vide Vallabdas Narainji v.

Development Officer Bandra, AIR 1929 PC 163. Bearing in mind, however, the provisions of the General Clauses Act, it is clear that whereas all standing trees would be immovable property under the General Clauses Act, they would not be immovable property under the Indian Registration Act or under the Transfer of Property Act. The expression "standing timber" appears to have been used in the said Acts in contradistinction to the expression "standing tree". All standing timber would be standing trees, but all standing trees would not be standing timber.

I, therefore, find some difficulty in holding that once a tree belongs to the class of a tree the wood of which is primarily used for building purposes, it must be held to be timber, and the question of intention and the manner in which the tree is dealt with is absolutely immaterial.

34. Moreover, even if it is intended to grow shisham or nim trees for the purpose of using their wood for building or like purposes, they cannot be called standing timber, until they have enabled them to possess those qualities which are associated with standing timber. At the date of the transaction, a tree should be standing as timber. If at the time of the transaction it is merely in the process of being grown so as to be standing timber in distant future, it cannot be said to be standing timber at the date of the transaction. Further, customs of different localities might vary. In certain parts of Bombay Presidency the wood of a mango tree is generally used for building purposes. Moreover, there may be different kinds of mango trees. The produce of some mango trees might be good for eating fruits and might be generally used for that purpose. On the other hand, the other mango trees might be valuable for their wood, and such trees might be used primarily as timber trees in some localities.