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.
Amongst the following options, the most relevant consideration while deciding a case on the basis of the above two principles would be _______________.
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.
Amongst the following options, the most relevant consideration while deciding a case on the basis of the above two principles would be _______________.
The correct option is D Whether the moveable thing was merely placed on
the land or building.
- It is a principle as per section 3 of Transfer of Property Act, 1881, that all fixtures on the land is also deemed to have been sold with the land and If a moveable thing is attached to the land or any building on the land, then it becomes a 'fixture'. Also, transfer of property does not define movable property. In General Clauses Act, it is defined as “Property of every description except immovable property”.
- In the present case, the question is that whether the carpet can be considered as fixture by Gurpreet and hence is bought and to determine whether it was attached to the earth as a fixture, whether the moveable thing was merely placed on the land or building or was it attached to building.
the land or building.
- It is a principle as per section 3 of Transfer of Property Act, 1881, that all fixtures on the land is also deemed to have been sold with the land and If a moveable thing is attached to the land or any building on the land, then it becomes a 'fixture'. Also, transfer of property does not define movable property. In General Clauses Act, it is defined as “Property of every description except immovable property”.
- In the present case, the question is that whether the carpet can be considered as fixture by Gurpreet and hence is bought and to determine whether it was attached to the earth as a fixture, whether the moveable thing was merely placed on the land or building or was it attached to building.
