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In this Question Problem Consists of a Set of Rules and Facts. Apply the Specified Rules to the Set of Facts and Answer the Question. in Answering the Following Question - Legal Reasoning

Question

MCQ

In this Question problem consists of a set of rules and facts. Apply the specified rules to the set of facts and answer the question. In answering the following question, you should not rely on any rule(s) except the rule(s) that are supplied for problem. Further, you should not assume any fact other than 'those stated in the problem. The aim is to test your ability to properly apply a rule to a given set of facts, even when the result is absurd or unacceptable for any other reason. It is not the aim to test any knowledge of law you may already possess. 

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. Assume that in the above fact scenario, Khalid no longer wants the carpet. She removes the elaborately carved door to the house after the sale has been concluded and claims that Garret 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. Amongst the following options, the most relevant consideration while deciding a case on the basis of the above two principles would be:

Options

  • 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

Solution

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

Concept: Indian Contract Act (Entrance Exams)
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