Question

This problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the questions.
(Questions 66-69):
Rules:
A. When land is sold, all 'fixtures' on the land are also deemed to have been sold.
B. If a moveable thing is attached to the land or any building on the land, then it becomes a 'fixture'.
Facts:
Khaleeda wants to sell a plot of land she owns in Begbmara, Meghalaya and the sale value decided for the plot includes the fully-furnished palatial six-bedroom house that she has built on it five years ago. She sells it to Gurpreet for sixty lakh rupees. After completing the sale, she removes the expensive Iranian carpet which used to cover the entire wooden floor of one of the bedrooms. The room had very little light and Khaleeda used this light-coloured radiant carpet to negate some of the darkness in the room. Gurpreet, after moving in, realizes this and files a case to recover the carpet from Khaleeda.
Rule C:
If a moveable thing is placed on land with the intention that it should become an integral part of the land or any structure on the land it becomes a fixture. Applying Rules A and C, to the fact situations in questions 192 and 193, as a judge you would decide in favour of:

• A. Khaleeda in both situations
• B. Gurpreet only in 192
• C. Khaleeda only in 193
• D. Gurpreet in both situations.

Answer 1

The correct option is C Khaleeda only in 193

As per Sec. 3 of Transfer of Property Act 1882, if a moveable thing is placed on land with the intention that it should become an integral part of the land or any structure on the land it becomes a fixture.

As in the above mentioned case Khaleeda only intents to sold his property, i.e., house. So, she has full right to withdraw anything from that property but before the contract is made.

Here, Iranian carpet is a movable property so it can be claimed by Khaleed back as it's not the part of house.

Hence, C is the correct option.