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september 2000

Supreme Court of India · 2000-09-07

Suresh Chand vs Kundan (Dead) By Lrs. And Ors.

Citation / case number
AIRONLINE 2000 SC 551
Court
Supreme Court of India
Petitioner
Suresh Chand
Respondent
Kundan (Dead) By Lrs. And Ors.
Bench
V.N. Khare, S.N. Phukan

Judgment text excerpt

The Supreme Court held that under Section 3 of the Transfer of Property Act, 'immovable property' includes all things attached to the earth, such as trees, which are considered part of the land. The Court clarified that unless explicitly excluded, a transfer of property includes all rights and interests in the property, including benefits arising from it, as per Section 8 of the Act. The Court ruled that the trees, which were initially saplings at the time of the sale agreement, vested in the transferee upon their growth during the litigation period, affirming the appellant's claim.

Suresh Chand vs Kundan (Dead) By Lrs. And Ors. · Niyam