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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 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.
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 favour of:
Khaleeda in both situations.
Gurpreet only in 192.
Khaleeda only in 193.
Gurpeet in both situations.
Applying the new rule, carpet also become a fixture and thus could not have been removed. Hence the case would be in favour of Gurpreet in both the situations. Hence, option 4 is the correct answer.
By: SANAT DATT BHARDWAJ ProfileResourcesReport error
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