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Ram Chandar vs Tiwari Hub Lal And Anr. on 5 February, 1935 cites

Daya Kishen vs Mohammad Wazir Ahmad on 2 July, 1915

In Daya Kishan v. Mohamad Wazir Ahmad 1915 All. 444, it was held that the planting of a grove by an occupancy tenant on his holding with the permission of the zemindar does not change the nature of the holding from an occupancy tenancy to grove-land and the tenant has not got the right to sell the trees so planted, nor can the trees be sold in execution of a decree against the tenant. This ruling undoubtedly is in favour of the appellant, and if this ruling had been followed by this Court, we consider that it would be a strong reason to allow this appeal. But the ruling has not been followed by this Court.
Allahabad High Court Cites 4 - Cited by 9 - Full Document

Nawab Sayed Sultan Husain Khan And Ors. vs Jwala And Ors. on 24 July, 1923

430, and also by another learned Single Judge in Sultan Husain Khan v. Jwala 1924 All. 831. These later rulings ranging from 1921 to 1924 lay down that the planting of a grave may change the nature of the occupancy holding and render the grove capable of being mortgaged and of being sold in execution sale on a mortgage decree. That view of the character of the groves lias been adopted by the legislature in framing the Agra Tenancy Act, 3 of 1926 and in Sections 196 and 197(a) and (b) it is provided that where a tenant such as an occupancy tenant, plants trees on a part of all of his holding so that the portion planted "becomes a grove, that part becomes grove-land and is held under non-occupancy tenure and is transferable and the lease will expire when the land ceases to be grove-land. As the view of the later rulings has now been adopted by the legislature we do not think that we should go back to the earlier rulings of 1909 and 1915 on which learned Counsel relies, particularly as in one of these rulings, that of 1909 this aspect of the case was not considered as to whether the existence of the grove-land changed the nature of the holding. In the case before us the trees have been standing for a very long time on the holding and the lower appellate Court finds that these trees range in age from 30 to 50 years. On this view of the case we consider that when the zamindars gave implied permission as the lower appellate Court has held that the tenant should plant a grove on this particular number out of his occupancy holding, the zamindars must have consented to the alteration of the tenure dl that number from an occupancy tenure to a grove tenure. Accordingly that number became capable of mortgage and could be sold in execution of a mortgage decree.
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