Tort (CLAT Legal-Aptitude): Questions 8 - 9 of 82
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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: 8 (2 of 4 Based on Passage) Show Passage
Appeared in Year: 2011
As a judge you would decide in favor of
Gurpreet because the carpet was integral to the floor of the bedroom and therefore attached to the building that was sold.
Gurpreet because when the price was agreed upon, Khaleeda did not inform her about removing the carpet.
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.
Question number: 9 (3 of 4 Based on Passage) Show Passage
Appeared in Year: 2011
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.
As a judge you would decide in favour of:
Gurpreet because the door is an integral part of the building as it is attached to it.
Gurpreet because the contract is explicitly for the whole house and since the door is part of house, it cannot be removed subsequent to the sale.
Khaleeda because while the rest of the building belongs to Khaleeda exclusively, the door is ancestral property and therefore the decision to sell it cannot be Khaleeda’s alone.
Khaleeda because the door can be removed from the building and is therefore not attached to it.