Amongst the following options the most relevant consideration while deciding a case on the basi...........

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.

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

Whether the moveable thing was included in the sale agreement.

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

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

Whether the moveable thing could be removed.

Explanation:

For the fixture to be deemed to be sold with the land,
it is relevant to know if it amounts to fixture or not.
Applying Rule B, the test would be to see if the moveable thing was merely placed on the building and were fixed to it or not.
Hence, option 2 is the correct answer.