As a judge you would decide in favour of ........

Legal Concepts Legal Reasoning

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 Baghmara, 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 Garret for sixty laky 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 Khalid used this light-colored radiant carpet to negate some of the darkness in the room. Garret, after moving in, realizes this and files a case to recover the carpet from Khalid.

As a judge you would decide in favour of:

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

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

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

Khalid because by Virtue of’ being a carpet it was never permanently fixed to the floor of the building

Explanation:

Only fixtures are deemed to be sold with the land.
But as per Rule B, the carpet was never attached to the land, and therefore was not a fixture.
Khaleeda had the right to remove the carpet after sale.
Hence, option 4 is the correct answer.