The question (15 marks)
The Transfer of Property Act 1882 nowhere defines immovable property. Explain how the courts have supplied that definition, and discuss, with reference to decided cases, the distinction between a tree and standing timber and the position of machinery embedded in the earth. (15 marks)
MU Module I, heads 1.1 and 1.2; pack ch. 01 and case briefs 01 to 03.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · General Principles of Transfer of Transfer of Property.
Authorities you will need
- Shantabai v State of Bombay
- State of Orissa v Titaghur Paper Mills Co. Ltd.
- Duncans Industries Ltd. v State of U.P.
- Ananda Behera v State of Orissa, relied on in both Shantabai and Titaghur
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.