Suresh Chand v. Kundan
(2001) 10 SCC 221
Quick Summary
The question was simple: when you sell land, do the trees on it also pass to the buyer? The Supreme Court said yes, unless the agreement clearly keeps the trees with the seller. Things attached to the earth—like saplings that later became trees—are part of the land.
suresh-chand-v-kundan
Publish date: 2025-11-01
Court: Supreme Court of India
Issues
- When land is sold, are saplings/trees on that land transferred too?
- What is the rule when the agreement is silent about trees?
Rules
- Transfer of Property Act: Sections 3 (definition of “attached to the earth”) and 8 (transfer of all interests) apply.
- General Clauses Act: Section 3(26) (definition of “immovable property”).
Facts — Timeline
Kundan and Mohar Singh co-owned a plot at Amarpur, Bulandshahr. They agreed to sell it to Suresh Chand.
Sale deed was not executed. The buyer sued for specific performance.
Trial Court dismissed; First Appellate Court decreed specific performance.
Second appeal filed. During pendency, Mohar executed his part of the sale deed in favour of the appellant.
Kundan objected: agreement was only for land, not the standing trees. Executing court upheld his objection.
District Judge in revision set aside the executing court’s order.
Allahabad High Court suggested compromise; if none, buyer keeps land while Kundan keeps fruits/trees.
Appeal was filed to the Supreme Court of India.
Arguments
Appellant (Buyer: Suresh Chand)
- Sale of land includes things attached to the earth (saplings/trees).
- Agreement had no clause excluding trees; so they pass with land.
- Supports: TPA s.8 read with definitions in TPA s.3 and GCA s.3(26).
Respondent (Seller: Kundan)
- Only land was agreed to be sold; trees were not part of the bargain.
- Sought to retain fruits/benefits of trees on the land.
- Relied on executing court’s earlier view and High Court’s direction.
Judgment
- Trees go with land: Interest in land includes things attached to the earth, like trees. Unless excluded, they transfer with the land.
- Exception: If trees are sold only for cutting and removal, that does not transfer the land.
- Outcome: Agreement was silent; hence the buyer takes the land with saplings/trees (saplings later grew into trees). Appeal allowed; Supreme Court reversed contrary directions.
Ratio
Under TPA s.8, a transfer passes all the interest the transferor can pass, which includes things attached to the earth (TPA s.3; GCA s.3(26)). Therefore, trees on the land pass to the transferee unless expressly excluded.
Why It Matters
- Clarifies the default rule on fixtures in land sales.
- Guides drafting: add a clear exclusion clause if the seller wants to keep trees.
- Helps courts and lawyers handle disputes over standing crops/saplings.
Key Takeaways
- Silence in the agreement → trees included with land.
- Express exclusion needed to keep trees with the seller.
- Selling trees for cutting ≠ sale of land.
- Statutory base: TPA ss.3 & 8, GCA s.3(26).
Mnemonic + 3-Step Hook
Mnemonic: “ROOTS RULE”
- R—Roots attached? They run with land.
- U—Unless excluded in writing.
- L—Logs only (cut & remove) ≠ land sale.
3-Step Hook: (1) Land agreed → (2) Agreement silent → (3) Trees pass with land.
IRAC
Issue: Do trees/saplings transfer with the land by default? What if the agreement is silent?
Rule: TPA s.8 + s.3 and GCA s.3(26): interests and things attached to earth pass with land unless excluded; cutting-only sales do not include land.
Application: Agreement did not exclude trees. Saplings were attached and became trees. No clause keeping them with seller.
Conclusion: Trees passed with land; appeal allowed in favour of the buyer.
Glossary
- Attached to the earth
- Physically fixed to land (e.g., trees, buildings) and usually passes with land.
- Specific performance
- Court order requiring a party to perform the exact terms of a contract.
- Immovable property
- Property that cannot be moved, like land and things permanently attached to it.
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