The statement concerns fruit already on the tree when the sale was made. It does not establish that the former owner retains every crop produced in later seasons after the tree has passed to the buyer.
Compare:
1. The 40 mangoes already present, without a stipulation — the seller’s.
2. A new season’s crop after ownership of the tree has transferred — not governed by the seller’s retained title to the earlier fruit.
Be precise about time: existing fruit and later-produced fruit are different subjects.