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Question
This problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question.
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 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 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-colored 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.
As a judge, you would decide in favour of
Options
Gurpreet because when the price was agreed upon, Khaleeda did not inform her about removing the carpet.
Gurpreet because the carpet was integral to the floor of the bedroom and therefore attached to the building that was sold.
Khaleeda because a fully-furnished house does not entail the buyer to everything in the house.
Khaleeda because by virtue of being a carpet it was never permanently fixed to the floor of the building. 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 Baghmara house.
Solution
Garret because the carpet was integral to the floor of the bedroom and therefore attached to the building that was sold
Explanation:
Yes, Gurpreet will succeed. See Sec. 3 of the Transfer Of Property Act, 1882. attached to the earth" means-(a) rooted in the earth, as in the case of trees and shrubs; (b) imbedded in the earth, as in the case of walls or buildings; or (c) attached to what is so embedded for the permanent beneficial enjoyment of that to which it is attached;
