CLAT Legal-Aptitude: Questions 217 - 219 of 1064

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Passage

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-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.

Question number: 217 (2 of 4 Based on Passage) Show Passage

» Tort

Appeared in Year: 2011

MCQ▾

Question

Amongst the following options, the most relevant consideration while deciding a case on the basis of the above two principles would be:

Choices

Choice (4) Response

a.

Whether the moveable thing had become an inseparable part of the land or building.

b.

Whether the moveable thing was included in the sale agreement.

c.

Whether the moveable thing was merely placed on the land or building.

d.

Whether the moveable thing could be removed.

Question number: 218 (3 of 4 Based on Passage) Show Passage

» Tort

Appeared in Year: 2011

MCQ▾

Question

As a judge you would decide in favor of

Choices

Choice (4) Response

a.

Gurpreet because the carpet was integral to the floor of the bedroom and therefore attached to the building that was sold.

b.

Gurpreet because when the price was agreed upon, Khaleeda did not inform her about removing the carpet.

c.

Khaleeda because a fully-furnished house does not entail the buyer to everything in the house.

d.

Khaleeda because by virtue of being a carpet it was never permanently fixed to the floor of the building.

Question number: 219 (4 of 4 Based on Passage) Show Passage

» Tort

Appeared in Year: 2011

MCQ▾

Question

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 favor of:

Choices

Choice (4) Response

a.

Gurpreet only in 192

b.

Khaleeda only in 193

c.

Khaleeda in both situations

d.

Gurpreet in both situations.

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