Ascertained goods Sales Goods Act, 1930, S. 19, Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950, Ss. 3, 4(a) There is no force in the contention of the learned counsel that under the contract the plaintiff had become owner of trees as goods. It is true that trees which are agreed to be severed before sale or under the contract of sale are “goods” for the purposes of the Sale of Goods Act. But before they cease to be “proprietary” right or interest in proprietary rights within the meaning of S. 3 and 4(a) of the Act they must be felled under the contract. It will be noticed that under Clause 1 of the contract the plaintiff was entitled to cut teak trees of more than 12 inches girth. It had to be ascertained which trees fell within that description. Till this was ascertained, they were not “ascertained goods” within S. 19 of the Sale of Goods Act. Clause 5 of the contract contemplated that stumps of trees, after cutting had to be 3 inches high. In other words, the contract was not to sell the whole of the trees. In these circumstances property in the cut timber would only pass to the plaintiff under the contract at the earliest when trees are felled. But before that happened the trees had vested in the State. (Badri Prasad v. The State of Madhya Pradesh, (1971) 3 SCC 23 (31)