The ownership of trees belongs to the landowners and not the planters.

ARUN MONGA, J.

CM-9917-C-2022

For the reasons stated, the application is allowed subject to all just exceptions. Delay of 341 days in filing the appeal is condoned.

RSA-2903-2022

For convenience, parties herein are addressed as per the recitals before learned trial Court.

2. Having suffered concurrent adverse findings by the two Courts below, defendants (appellants herein)are in second appeal before this Court assailing learned trial Court judgment and decree dated 25.02.2016, as upheld by learned First Appellate Court vide its judgment and decree dated 24.09.2019.

3. Briefly stated, facts as noticed by Courts below are that plaintiffs sought permanent injunction, restraining the defendants from cutting or removing the trees from the suit land situated adjoining the Sutlej River. In order to protect the land from erosion, 180 eucalyptus trees had been planted during the last many years. Those trees belong to plaintiffs. On 15.09.2013, due to wind storm, fifteen trees got uprooted and fell. Defendants tried to remove those trees and also attempted to cut some trees illegally.

4. Upon notice, defendant-appellants appeared and filed written statement taking preliminary objection qua maintainability of suit on the ground that the department had planted eucalyptus trees. Same were nursed by department and therefore the plaintiffs were not the owners of those trees.

5. Based on the rival pleadings, following issues were framed:

1. Whether the plaintiffs are entitled to the relief of permanent injunction? OPP

2. Whether the suit of the plaintiffs is not maintainable? OPD

3. Relief.

6. The parties to the suit adduced their oral as well as documentary evidence in support of their pleadings and to discharge their respective onus as per the issues, ibid.

7. On appraisal of evidence vis-à-vis pleadings, issue Nos.1& 2 were decided in favour of plaintiffs and consequently, the suit of the plaintiffs was decreed with costs by trial court.

8. Aggrieved, defendant-appellants preferred first appeal which was dismissed by learned First Appellate Court.

9. Learned First Appellate Court below dismissed the appeal, resulting in instant Regular Second Appeal before this Court.

10. In its judgment, learned First Appellate Court, inter alia, observed, as under:

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17. From the case set up by the appellant, it is apparent that they are not the owners of the land where the involved trees were planted. Even DW1 Arvinder Singh, Range Officer also during his cross examination conceded that he has not brought any record regarding plantation and nursing of trees in question. This witness feigned ignorance about the previous litigation between the parties but the respondents No.1 and 2 have placed on record documents Mark A and Mark B which suggest that earlier also the respondents No. 1 and 2 had to file suit for permanent injunction restraining the appellant and others from removing the trees, which suit was decreed vide judgement dated 10.5.2000. DW1 could not deny this fact. Jamabandies Ex P1 to Ex.P3 placed on record by respondent No.1 also show that the respondents No.1 and 2 are the owners of the suit property. In these circumstances, when the appellant has admitted the factum of standing of trees in the land of respondents No.1 and 2, they cannot not claim ownership of those trees belonging to the respondents No.1 and 2 and the Ld. Lower court has rightly relied upon judicial pronouncement State of Haryana &Ors. Vs. Roop Chand, 2014(3) Civil Court Cases 240 (P&H) wherein it has been held that that the trees always belong to the land owners and not the planters and has rightly observed that appellant cannot take away, cut or remove the trees standing on the land of the respondent No.1 and 2. The findings, therefore, were rightly returned by the Ld. Lower Court that the respondent No.1 and 2 are entitled to the decree as prayed for and these findings consequently being legal one do not warrant interference in this appeal.

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11. The mainstay of the ap