Question

Study the following information  and answer the question that follows:

Principle: A 'fixture' is something attached to the land or a building in such a way that it is regarded as an irremovable part of the property you are considering buying. Some typical 'fixtures' in a home include the hot water service, range top, wall oven, fixed floor coverings, light fittings, and a built-in (under bench) dishwasher. Garden plants, including bushes and trees, are also 'fixtures'.

Rule A. When land is sold, all 'fixtures' on the land are also deemed to have been sold.

Rule B. If a movable thing is attached to the land or any building on the land, then it becomes a 'fixture'.

Factual Situation Khaleeda wants to sell a plot of land she owns in Beghmara (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 ₹60 lakh. 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, realises this and files a case to recover the carpet from Khaleeda.
Assume that in the above fact scenario, Khaleeda no longer wants the carpet. She removes the elaborately carved door to the house after the sale has been concluded and claims that Gurpreet has no claim to the door. The door in question was part of Khaleeda's ancestral home in Nagercoil (Tamil Nadu) for more than 150 years before she had it fitted as the entrance to her Beghmara house.

As a judge you would decide in favour of 

पर्याय

• Khaleeda because while the rest of the building  belongs to Khaleeda exclusively, the door is the ancestral  property and therefore, the decision to sell it cannot  be Khaleeda's alone 

• Gurpreet because the door is an integral part of the  building as it is attached to it 

• Khaleeda because the door can be removed from the building and is, therefore, not attached to it 

• Garpreet because the contract is explicitly for the  whole house and since the door is part of the house, it  cannot be removed subsequent to the sale

Answer 1

Khaleeda because while the rest of the building belongs to Khaleeda exclusively, the door is the ancestral  property and therefore, the decision to sell it cannot  be Khaleeda's alone 

Explanation:

Option "Khaleeda because while the rest of the building belongs to Khaleeda exclusively, the door is the ancestral property and therefore, the decision to sell it cannot be Khaleeda's alone" is correct. The judgment will again go in favor of Gurpreet as sale price includes the house and fixtures thereof and the carved door was part of the house, so the sale will not be complete without the door. Further Khaleeda did not disclose her intention at the time of the deal.