AIR 1961 KERALA 147 ::1960 Ker LT 1343 ::1959 Ker LJ 1349 ::ILR (1960) Ker 115

Kerala High Court

Hon'ble Judge(s): M. S. Menon, S. Velu Pillai , JJ

(A) Maxim - Quicquid plantatur solo, solo cedit - Whatever is affixed to soil belongs to the soil - Maxim does not apply in India. Transfer of Property Act (4 of 1882) , S.3, S.8, S.51— Quicquid plantatur solo, solo cedit - whatever is affixed to the soil belongs to the soil - is a rule of considerable antiquity but it is not a maxim of general jurisprudence and does not represent the law of India, Buildings and other such improvements made on the land do not, by the mere accident of their attachment to the soil, become the property of the owner of the soil. AIR 1929 PC 163 and AIR 1927 PC 135, AIR 1953 Trav-Co., 349 and 6 Suth WR 228 (FB), Relied on.(Para 7 8) (B) Easements Act (5 of 1882) , S.60, S.63— Husband building house on wife's land with consent of wife - Divorce - Wife unwilling to pay compensation - Husband is entitled to remove materials. Doctrine of the English law as to buildings viz., that they should belong to the owner of the land is not applicable in India, the only doctrine that can be applied is the doctrine that the party so building on another's land should be allowed to remove the material. Where the husband builds on the land of his wife, knowing it to be his wife's and there is no suggestion that ....