Roll No.

SAP ID
UNIVERSITY OF PETROLEUM AND ENERGY STUDIES
Mid Semester Examination, September 2021
Open Book – Through Blackboard Learning Management System

Course: Transfer of Property and Easement Law Course Code: CLCC3028

Programme: BA, LL.B. (Hons.) / BB.A, LL.B (Hons.)
Semester: Vth

Time: 02 hrs. Max. Marks: 100

(Weightage 20% in the grade sheet).

Instructions:
As this examination is in open-book format, the students are expected to demonstrate a very high degree of Academic Integrity
and not copy contents from resources referred. Instructors would look for understanding of the concept by the students and any
similarity found from resources online/ offline shall be penalized in terms of deduction of marks and even cancellation of paper
in requisite cases. The online examination committee of the School would also look for similarity of two answer scripts and if
answer scripts of two or more students are found similar, both the answer scripts shall be treated as copied and lead to
cancellation of the paper. In view of the aforesaid points, the students are warned that they should desist from using any unfair means.

Instructions:
All questions are compulsory.
S. No. Marks CO
1 Mr. Rakesh Kumar owned a building which he let for a period of three years to Mr.
Mahesh, who installed machinery therein and ran it as a cinema. Here the main issue
is with a 35 horse-power Petter oil engine which was used to work a dynamo to
generate electricity for the apparatus and lighting. The engine was installed by
making a concrete base fitted with bolts and attaching the engine to the bolts by
means of nuts. The lease of Mr. Mahesh expired in 1930 and there was a suit by Mr.
Rakesh Kumar for eviction and arrears of rent. Mr. Rakesh Kumar attached before
judgment the machinery on the premises. That suit resulted in a compromise decree
passed in October 1930 whereunder Mr. Rakesh Kumar has agreed to give Mr.
Mahesh a further lease for two years, the arrears of rent to be paid in instalments and
there was a provision that in the event of default in paying any instalment the lease 50 CO2
should cease and Mr. Rakesh should be entitled to evict. For the payment of
instalments due. On 16th February 1931, when Mr. Mahesh was still in possession of
the premises, he borrowed money from Mr. Jitendra and by way of security for the
loan they pledged the machinery in the premises. The bond purports to be executed
as a pledge of moveable property, but it was registered in accordance with the
provisions of Section 325 of the Registration Manual in the book relating to
immovable property. In the light of the above-mentioned facts decide that whether a
security bond pledging an oil engine installed as a part of the cinema can be deemed
to be a transaction relating to the immovable property?

Ans.
2 Shanta Ram, father of Gagan sold a house to Nitesh, the father of Tarun for the sum
of Rs. 1500000. In that sale-deed there was a clause providing that the transfree
would not transfer the house by mortgage, gift or self to anyone excepting the
transferor or his heirs; that if the house were sold by auction-sale the sale would be
invalid; and that if the house were transferred in contravention of the said terms, then
the Transferor or his heir would have a right to get back the house by paying Rs.
1750000. On 13th September 2020, Tarun, son of the Nitesh sold the house to 50 CO1
Rammohan, for Rs. 1,000000. On 3rd April 2021, Rammohan, sold the house to
Sohel, for Rs. 8000000. On 12th April 2021, Shanta Ram along with his son Gagan
have brought the present suit against Nitesh and his son Tarun, Rammohan and
Sohel claiming possession, of the house and the payment of Rs. 1750000 to him.
Decide the case and provide a Judgement with the help of relevant provisions.

Ans.

I, ……………………………………………., understand that submitting work that

isn’t my own may result in failure in this paper and I may also be subject to
Disciplinary Proceedings as per the Academic Integrity policy of the
University.