JUDGMENT

Norman, J. - In this case the appellants, who are the defendants, claim a right under a lease granted by the proprietor to take the juice of 320 date-trees in Mauza Sunhowli. The plaintiff claims under a similar lease of an earlier date, which is unregistered. The appellants contend that their lease, though later in date, is entitled to priority over that of the plaintiff, inasmuch as it is registered. Section 50 of Act XX of 1866 enacts as follows: "Every instrument) of the kinds mentioned in clauses 1, 2 and 3 of section 18 shall, if duly registered, take effect, as regards the property comprised therein, against every unregistered instrument relating to the same property." Now the right to take the juice of the date-trees will not fall within section 18, clause 1, unless it is a right or interest to immoveable property. Looking to the definition of immoveable property, in the second section of the Act, it excludes "standing timber and growing crops." The definition of moveable property in the same section includes "growing crops, grass, fruit upon trees, and property of every other description, except immoveable property."

2. The question is, does the right to cut date-tr