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sohamsane · 10 months

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Indira Devi vs. Veena Gupta: Right of Repurchase is Assignable

Case: Indira Devi (Appellant) versus Veena Gupta & Ors. (Respondents)

Court: The Supreme Court of India.

Jurisdiction: Supreme Court of India Civil Appellate Jurisdiction

Civil Appeal No. 9833 of 2014

Judgement Date: July 4 2023.

Bench: Honorable Justice Abhay S. Oka & Honorable Justice Rajesh Bindal

Concepts this case deals with –

Major:

Assignability of Right of Repurchase.

Transfer of Right in Immovable Property through Gift Deed.

Conditional Sale Deed.

Minor:

Who shall perform the considerations?

Interdependent contingent considerations.

Property Involved –

Property ‘A’

Persons Involved –

Mr. Kishori Lal Sahu: Exclusive Owner of Property ‘A’.

Smt. Veena Gupta: Daughter in Law of Kishori Lal Sahu. (Respondent)

Mr. Kaleshwar Prasad Singh: Tenant on Property ‘A’.

Smt. Indira Devi: Daughter of Kaleshwar Prasad Singh. (Appellant)

Documents Involved –

Conditional Sale Deed b/w Kishori Lal Sahu & Indira Devi concerning Property ‘A’.

Gift Deed by donor Kishori Lal Sahu to donee Veena Gupta, gifting number of properties including right/interest in Property ‘A’.

Suits & Appeals –

Original Suit: Trial Court 1983 - Civil Suit was Filed in 1983 by Veena Gupta & Kishori Lal Singh (at the time not deceased) for Special Performance as well as non-payment of rent against Indira Devi. (Suit Dismissed)

First Appeal: Lower Appellate Court 2000; Veena Gupta appeals against the dismissal of the suit. (Appeal is Dismissed)

Second Appeal: High Court Patna (Bihar): Second Appeal No. 123 of 2000; Veena Gupta appeals against the dismissal by lower appellate court. (Appeal admitted and adjudged on)

Supreme Court: Civil Appeal No. 9833 of 2014; Indira Devi appeals against the order of High Court. (Appeal is dismissed)

Facts of the Case –

Kishori Lal Sahu is the owner of property ‘A’ and Kaleshwar Prasad Singh is a tenant on the said property.

On 5th August 1977 Kishori Lal Singh the Owner & His Son due to dire need of funds executed a conditional sale deed in favour of Indira Devi (Vendee) d/o Kaleshwar the tenant. The condition was that the Vendee would pay Rs. 5000 as consideration to the Vendor, and if this Rs. 5000 is not returned by the Vendor by July 1984, the Vendee will become the owner of the property, and if the money is paid back, the Vendee will have to execute a sale deed of the property in favour of the Vendor that is to return the property.

On 14th February 1983 Kishori Lal executed a registered gift deed whereby he gifted number of properties to Veena Gupta (Respondent No. 1) the Daughter in Law of Kishori Lal and Wife of Gopal Prasad. The number of properties gifted contained the property in question where it was mentioned that the said property was transferred to Indira Devi, which can be retrieved by fulfilling conditions, that is to pay Rs. 5000 by July 1984. The Gift Deed was executed in 1983.

The Vendors that is Kishori Lal was ready to pay Rs. 5000, but the Vendees didn't agree and a civil suit was filed in 1983 in a Trial Court.

Plea by Respondent (Plaintiff in that suit) in Trial Court 1983: Special Performance Decree requiring Indira Devi/Kaleshwar (Defendant there) to accept Rs. 5000 and return the property, and if there is no performance, a decree directing appellant to register the sale deed in favour of Veena Gupta (Kishori Lal 2nd Plaintiff) with possession.

Representations in the Supreme Court:

Appellants (Indira Devi):

Kishori Lal executed the conditional deed in favour of Indira. And thus the right of repurchasing the property lies with Kishori Lal as the said right is personal. Stating he had no right to assign the right to third party.

Gift Deed executed is not valid as it contains consideration to be paid for obtaining the said property.

Judgements in the following cases: Bhoju Mandal v. Debnath Bhagat, Kapilaben vs. Ashok Kumar Jayantilal Sheth; were cited for supporting the case.

Respondents (Veena Gupta):

In the Gift Deed it is specifically mentioned that how donee may obtain the property by performing the promise of the contract/deed. 'She will have all the rights which Kishori Lal had'.

When as per the contract the vendor (Kishori Lal, non-deceased at the time of original suit of 1983 / Veena Gupta) was to give Rs. 5000 for repurchase, the vendor was willing to give but the consideration was not accepted by Indira Devi, thus to complete their part of promise Vendor deposited Rs. 5000 with Court of Original Suit with its permission.

The condition precedent for the repurchase was thus completed, and Kishori Lal assigned the right to repurchase to Veena Gupta through Gift deed.

To counter that the right of repurchase was personal, following judgements were cited for support: T.M. Balakrishna Mudaliar vs. M. Satyanarayana Rao, Shyam Singh vs Daryao Singh. It was contested that the right was assignable and not personal. And even if the Court would deal with the issue sensitively, the party assigned to was not any third party rather it was a party from the family of Kishori Lal himself.

Law & Analysis

Following are the Issues to be answered by us on the basis of facts of the case, representations made, and previous judgements:

Is the Gift deed valid?

Is the right of repurchase assignable or personal?

1. Will first begin with the validity of Gift Deed:

Gift is defined under Section 122 of Transfer of Property Act, 1882 as: Gift is the transfer of certain existing moveable or immoveable property made voluntarily and *without consideration*, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.

Under the Transfer of Property Act Immovable Property is defined to mean anything except standing timber, growing crops or grass. Further interpretation of other definitions of other acts include Land, Things attached to earth and benefits , Benefits to arise from land. If further studied a Right if related to movable or immovable properties then a Right related to Immovable Property becomes a immovable property. Even if we consider it a movable property it can still be gifted through a gift deed.

Thus it is agreeable that in this case in the gift deed the Property 'Physical' in Question is not gifted, rather the right to repurchase to same is transferred. The consideration comes in question when dealing with the physical actual property in question. The donee didn't have to pay any consideration for the right which was transferred.

2. Is the right to repurchase personal or can be assigned?

To begin with, we must look into the contract itself that is its clauses, content and intention of the parties which may be based of the language of the contract or the circumstances preceding or at the time when the contract was executed.

- In our case on the basis of the part of the sale deed presented before the High Court the deed didn't specifically contain any clauses prohibiting the assignment of the right of repurchase.

- At first, although it is not strictly related to our case, but we must look at Section 40 of the Indian Contracts Act to ascertain whether a promise or performance is personal: 'If it appears from the nature of the case that it was the intention of the parties to any contract that any promise contained in it should be performed by the promisor himself, such promise must be performed by the promisor. In other cases, the promisor or his representatives may employ a competent person to perform it.' Thus if a promise is of a nature that only the promisor has the ability to perform or skills then it can be performed only by the promisor.

Assignability of Contractual Rights or Obligations:

Under Indian Law any type of contract can be assigned except those specifically prohibiting the same or which are of personal nature. In the case of Kapilaben v. Ashok Kumar Jayantilal Sheth the Supreme Court observed that when entire promise or perfomance of one party towards the other are transferred to third party, then the consent of the promisee is required but when assigning just the rights or obligations to another doesn't require consent except when it is not of personal nature or if it is not specifically prohibited.

To stress on this point we will look at some of the cases cited by the counsels of the present case:

1. T.M. Balakrishna Mudaliar vs. M. Satyanarayana Rao –

The Court refered to the judgement in the case of Sakalaguna Nayadu v. Chinna Munuswami Naykar where in the Privy Council held that if the contract of repurchase did not specifically say that such benefit was only for the parties contracting, then the contract can be assigned and would be enforceable by law.

2. Shyam Singh vs Daryao Singh –

The facts of the stated case were somewhat similar to those of the present case. Lower courts opined that if there is no clause in the sale deed permitting assignment, then prohibition of the same can be read into the contract. When the matter came to Supreme Court the issue at point was considered whether such a prohibition can be read into the document by implication. The court by citing Section 15(b) of the Specific Relief Act, 1963 held that in absence of words indicating prohibition in the contract, then such prohibition cannot be read into the terms of documents.

Section 15 (b) of Specific Relief Act, 1963 stipulates that specific performance of a contract may be obtained by the representative in interest or the principal thereto: Except if it is of personal nature.

The Court was fortified with the view stated in the above cases by the Justices.

3. Bhoju Mandal v. Debnath Bhagat –

The Court considered this case, but the case primarily was concerned with the question whether document was mortgage or sale deed with condition of repurchase.

4. Kapilaben v. Ashok Kumar Jayantilal Sheth –

In this case issue was transfer/assignment of contract was without the consent of the promisee. The Court referred to judgement in Khardah Co. Ltd v. Raymon & Co. wherein the Court held that there was a well-recognized distinction between two classes of assignments which are assignment of rights in a contract and assignment of obligations in a contract. While the total assignment of contract that is substituting a party by a new party with consent/agreement of both original parties is called novation, where on novation there is no link between the old party and the new/amended contract, in such a case as said consent is required.

But when considering assignment of just the rights under a contract consent of the promisee is not strictly required that is the rights are freely assignable unless the contract prohibits it.

The Court in the present case also referred to a commentary on The Indian Contract Act & Special Relief Act by authors Pollock and Mulla, wherein the authors opine that the benefits of contract can be assigned where it makes no difference to the person on whom the obligation lies to which of two person (original or asignee) he is to discharge it. That is where the identity of the party on which the obligation is to be discharged makes no difference to the promisee (one who has obligations), provided the original promisor has effected such assignment willingly, then such contract is prima facie assignable, except in case of personal consideration. Of course payment of money does not involve personal consideration/skills.

Thus, the Court in this present case held that the right was not personal rather freely assignable in absence of bar in contract.

Conclusion:

We can conclude simply that:

1. Non-assignability cannot be implied into contract if it doesn't specifically mention it.

2. Rights under a contract when not of a personal nature can be assigned freely without consent, except barred.

3. Gift of a interest in immovable property irrespective of consideration involved in further exercise of the right is valid as there is no apparent consideration for the right itself.

Thankyou for reading! Connect with me on LinkedIn Soham Sane.

#supreme court #case comment #Indian Contracts Act #Right to Repurchase Property #Transfer of Property Act #Landmark Judgement

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teamattorneylex · 9 months

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9th National Case Comment Writing Competition Organised by Team Attorneylex: Register by 11th September

About the Organisation: Team Attorneylex is an online platform for law students where they can contribute their legal knowledge and get recognised for their contribution. Along with the other activities, the endeavour is to deliver legal help to the sectors of society that are unable to access existing legal services due to illiteracy and poor economic conditions. About the Competition: The…

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#case brief #Case Comment #Case Comment Writing Competition #Case Summary #delhi government vs lg #landmark case #landmark judgement #recent sc judgements

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legalstudiesin1 · 1 year

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The M.C. Mehta v. Union of India (1986) Case: A Landmark Judgement for Environmental Protection in India

Table of Contents Introduction Background of the case Facts of the case Issues before the court Arguments Petitioner’s arguments: Respondent’s arguments: Judgement Relevant Provisions Conclusion M.C. Mehta v. Union of India (1986) is a landmark case in Indian environmental law. The case dealt with the issue of pollution in the city of Delhi caused by industries, particularly those…

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#absolute liability #enforcement action #environment #environmental policy #hazardous activities #health #India #industrial regulation #jurisprudence.#landmark judgement #M.C. Mehta #pollution #public participation #Supreme Court #Union of India #well-being

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propertyexperttips · 1 year

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Landmark Judgement of Supreme Court on Landlord -Tenant - 2022 in Hindi I Tenancy Law

With the increasing demand for rented property, disputes between Landlords and Tenants are also increasing day by day. Are you a Landlord and facing problems with your tenant regarding default rent payments? Does your Landlord lodge an FIR regarding default in rent payment against you, looking for a solution? All your quarries will be satisfied in the article. Today, here we will get to know about some of the remedies available for Landlords. We will also discuss some ways to save tenants from the criminal suit filed against them. Also in this article, we will discuss the Landmark Judgement of the Supreme Court regarding the same.

For example we can take one example of case which is neetu singh vs state of uttarpradesh

Let us first discuss the facts of the case:-

Here in this case the tenant defaults in paying rent to the landlord for the past few months. The landlord, as a result, lodges a report against the tenant under Section 406( breach of trust) and 420(cheating) in the nearby Police Station. The tenant went to Allahabad High Court against the FIR and filed an application under Section 482 for quashing the FIR. The Hon’ble High court rejected the said application and said that they will not interfere.

After which the tenant approached the Supreme Court for the same

The Apex court here discussed the major question of that can an FIR be lodged in the case of default rent. The Supreme Court firstly discussed all the legal provisions which are there whether they are applicable or notSection 406 IPC i.e. Breach of Trust:

The definition of the Criminal Breach of Trust is discussed under section 403 of IPC, which says:

Dishonest misappropriation of property:

Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with a fine, or with both.

Here in this definition, it is mentioned that the property needs to be movable, not static. So the Supreme Court said that it cannot be made out in the case of rent default by tenants.

Section 420 IPC i.e. Cheating:

The term Cheating is defined under Section 415 of IPC, which says:

Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat.

#landmark judgement #property buyers #realtor #real estate advice

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pixel-alchemy · 1 year

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Martha-Mary Chapel, Wayside Inn, Sudbury, MA

#church #chapel #historic landmark #wayside inn #sudbury #infrared #dramatic #false color #supercolor #blood red sky #infrared photography #end of days #photographers on tumblr #judgement day #nikon #d300 #original photographers

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rabbitcruiser · 2 months

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On 11 March 1421 construction began on the Bern Minster under the direction of the Strasbourg master builder Matthäus Ensinger.

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missukiyo · 2 months

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— ex-husband! gojo x reader [3]

read part 2 here

cw: angst, co-parenting, hospitalisation, mentions of a toxic relationship, brief mentions of miscommunication, eventual fluff, hea

a/n: i’m sorry that this took so long to do :( i had sm pracs for the last week so i took a 1 week long break, but now that’s over, i can go back to posting regularly. yippee!! i just wanna thank all of you guys for the continued support. i cherish each and every one of you from the bottom of my heart mwah. i gor kinda lazy at the end w this but reblogs + comments are vv much appreciated

@voideren @bts-lover00 @sadmonke

ex-husband! gojo who you’ve been seeing more and more lately these past couple of weeks due to your precious daughter being hospitalised.

ex-husband! gojo who spends every moment he can by your side during sayuri’s hospital stay, offering comfort and reassurance whenever you need it most.

ex-husband! gojo who makes sure you never went a moment without support, especially after that encounter with his mother. whether it be holding your hand during difficult conversations with the doctors or fetching you a warm cup of tea when exhaustion weighed heavily on your shoulders, he was more than ready to step up.

ex-husband! gojo who holds your hand tightly during the moments of uncertainty, his presence a source of strength and solace amidst the chaos of the hospital. he listens to your fears and worries without judgement, offering reassurance and understanding in return.

ex-husband! gojo who refuses to leave your side, even when exhaustion threatens to overwhelm him. he sleeps in the uncomfortable hospital chair beside you, his presence a constant reminder that you are not alone in this ordeal.

ex-husband! gojo who takes on the responsibility of keeping friends and family updated on sayuri’s condition, sparing you from having to constantly repeat the painful details.

ex-husband! gojo who brings sayuri’s favourite toys and books from home, hoping to bring some sense of familiarity and comfort to her hospital room.

ex-husband! gojo who helps you keep track of sayuri’s medications and treatment plans, making sure that nothing falls through the cracks during this stressful times.

ex-husband! gojo who, as the days pass and sayuri’s condition stabilises, remains by your side as you prepare to bring her home from the hospital.

ex-husband! gojo who helps gather her belongings and fills the car with comforting blankets and stuffed animals, eager to welcome her back with open arms.

ex-husband! gojo who envelopes sayuri in a tight hug the minute she is discharged from the hospital, tears of gratitude and relief streaming down is cheeks. he promises to cherish every moment with her, grateful for the chance to hold her close. unbeknownst to him, you stood there at the doorway with a soft smile on your face as you watched the father and daughter moment unfold.

ex-husband! gojo who, after embracing Sayuri tightly, helps her into the car with a gentle smile, his eyes shining with love and relief. he settles into the driver's seat beside you, his heart overflowing with gratitude for having his daughter back safe and sound.

ex-husband! gojo who starts the car and pulls out of the hospital parking lot, the tension of the past weeks slowly dissipating as the familiar hum of the engine fills the air. he steals a glance at you, his eyes soft with affection as he took in the tired but relieved expression on your face. you catch his gaze and offered him a grateful smile, your hand finding his on the gear shift between the seats.

ex-husband! gojo who drove carefully, his attention divided between the road ahead and the precious cargo in the back seat. sayuri chattered excitedly about everything she saw outside the window, her enthusiasm infectious as she pointed out landmarks and familiar sights.

you lean back in your seat, a sense of peace settling over you as you watched sayuri and satoru interact in the rearview mirror. despite everything that has happened, you couldn't help but feel grateful for the support and love that surrounded you in this moment.

as the car rumbled along the familiar streets towards home, sayuri’s voice suddenly piped up from the back seat. "are mommy and daddy back together now?" she asked innocently, her eyes wide with curiosity.

ex-husband! gojo whom you share a pitiful fiancé with, feeling a lump form in your throat at the unexpected question. you clear your throat awkwardly, searching for the right words to explain the situation to your daughter. “no sweetie… mommy and daddy are… still figuring things out…” you said softly, a hint of longing laced in your voice as you spoke.

ex-husband! gojo who felt a pang of sadness at the reminder of the complexity of your relationship. he knew that rebuilding your bond would take time and patience, but he was willing to do whatever it took to make things right.

as the car pulled into the driveway and you prepared to unload sayuri’s belongings, gojo glanced over at you once more, admiring you. he was so close yet so far.

ex-husband! gojo who feels a surge of emotions as he watches her settle back into the familiar surroundings of your home. he’s relieved beyond words to see her safe and sound, but as the initial rush of relief fades, a bittersweet realisation settles in. the time spent in the hospital has brought him closer to you in ways he had never anticipated.

ex-husband! gojo who, as the night wears on and exhaustion begins to set in, reluctantly prepares to leave your side. he gathers his things quietly, not wanting to disturb the peacefulness of the moment.

ex-husband! gojo who knew that he had overstayed his welcome, wanting to give you and sayuri space to settle back into your routine.

ex-husband! gojo who pauses at the door when he hears your voice, soft and hesitant, calling out to him. he sees the hesitation in your eyes; the unspoken plea for him to stay just a little longer.

ex-husband! gojo who sets down his bag slowly, his heart pounding in his chest as he searches your eyes for any sign of hesitation or regret. when he finds nothing but sincerity and longing, he nods silently, his decision made in an instant.

ex-husband! gojo who stays, not. because he feels obligated or guilty, but because he wants to. he wants to be there for you, to support you, to help rebuild what was once lost.

ex-husband! gojo who, as days turned into weeks, realised that his feelings for you were far from extinguished: they were merely buried beneath layers of regret and pain. with each passing day, he found himself falling more deeply in love with you all over again, his heart yearning for a second chance at happiness.

ex-husband! gojo who, as he spent more time with you and sayuri felt the walls he had built around his heart begin to crumble. he longed to reach out to you, to tell you how much you meant to him, but the fear of rejection held him back.

ex-husband! gojo who, one evening, found himself standing outside your door with a bouquet of flowers in hand, his heart pounding with nervous anticipation. he hesitated for a moment, the memories of past mistakes threatening to overwhelm him, but then he took a deep breath and knocked softly.

ex-husband! gojo who was greeted by your warm smile as you opened the door, the sight of you taking his breath away all over again. he stammered out a clumsy greeting, feeling suddenly tongue-tied in your presence.

"toru, what are you doing here?" you asked, your tone curious but not unwelcoming.

he swallowed hard, gathering his courage as he held out the bouquet. "i… uh… i brought these for you," he said, his voice softer than he intended.

your eyes widened in surprise as you accepted the flowers, a faint blush rising to your cheeks. he bought you roses — a classic. you could never go wrong with roses. "thank you, they're beautiful," you murmured, your gaze meeting his with a mixture of confusion and curiosity. for a brief moment, the memories of arguments fueled by miscommunication, the frustration of feeling misunderstood that had ultimately caused you to go your seperate ways, all faded into the background.

ex-husband! gojo who took a deep breath, steeling himself for what he was about to say. "y/n, I know things haven't been easy between us, and I understand if you're hesitant, but i... i miss you," he admitted, his voice raw with emotion.

you looked at him, your expression softening as you reached out to touch his arm. "satoru, i... i miss you too," you confessed, your voice barely above a whisper.

ex-husband! gojo who felt a surge of hope blossom in his chest at your words, his heart pounding with newfound courage. "would you, um, would you maybe want to go out with me? for dinner, or something?" he asked, his words stumbling over each other in his eagerness.

you hesitated for a moment, your gaze flickering uncertainly, but then you smiled, a genuine warmth spreading across your face. "i would like that," you said softly, your voice tinged with a hint of nervousness.

ex-husband! gojo who felt a rush of relief flood through him at your response, a sense of joy bubbling up inside him at the prospect of spending time with you again. "great, it's a date then," he said, his smile widening as he reached out to take your hand in his.

you squeezed his hand gently, a shy smile playing on your lips. "yeah, it's a date," you agreed, your eyes meeting his with a spark of excitement.

ex-husband! gojo who, as he walked away from your door that evening, felt a renewed sense of hope and determination. he knew that rebuilding your relationship wouldn't be easy, but he was willing to do whatever it took to win back your love and trust.

ex-husband! gojo who felt his breath catch in his throat as you opened the door, the sight of you in a beautiful red dress taking his breath away. He couldn't tear his eyes away from you, feeling as though he was seeing you for the first time all over again.

you smiled warmly at him, a hint of blush gracing your cheeks as you took in his appearance. "satoru… hey," you greeted him, your voice soft with affection.

ex-husband! gojo who returned your smile with a sheepish grin, suddenly feeling self-conscious under your gaze. "hi, y/n," he replied, his voice tinged with nervousness.

you linked your arm with his, the warmth of your touch sending a shiver down his spine. "shall we go?" you asked, a playful glint in your eyes.

ex-husband! gojo who nodded eagerly, his heart pounding with anticipation as you led the way to the car. he opened the door for you with a flourish, feeling a surge of pride as you settled into the passenger seat.

ex-husband! gojo who found himself lost in conversation with you, the awkwardness of the past giving way to easy banter and laughter. he felt a sense of peace settle over him, realizing that this was where he was meant to be: by your side.

ex-husband! gojo who arrived at the restaurant and was immediately struck by the romantic ambiance. soft, ambient music played in the background, candlelight casting a warm glow over the cozy table for two.

you smiled as you took in the scene, a soft sigh escaping your lips. "this is perfect," you murmured, your eyes meeting his with a tender warmth.

ex-husband! gojo who couldn't agree more, feeling a swell of gratitude in his chest for this second chance at love. he pulled out your chair for you with a gentle smile, silently vowing to cherish every moment of this evening.

throughout the dinner, ex-husband! gojo found himself falling more deeply in love with you all over again. he listened intently to your stories, savouring the sound of your laughter and the sparkle in your eyes.

ex-husband! gojo who couldn't resist the urge to feed you a bite of his cheesecake as dessert arrived, a playful smile tugging at the corners of his lips. "here, try this," he said, holding the fork out to you.

you raised an eyebrow in amusement, but leans forward nonetheless, allowing him to feed you the bite. you roll your eyes playfully as you chewed, a mock expression of skepticism on your face. "hmm, not bad," you teased, your lips quirking up into a smile.

ex-husband! gojo who couldn't help but laugh at your playful response, feeling a warmth spread through him at the sight of your smile. He reached out to brush a stray strand of hair from your face, his touch lingering on your cheek for a moment longer than necessary.

ex-husband! gojo who savoured every moment of the evening, feeling more alive and hopeful than he had in years. he realised then and there that he was truly in love with you all over again, and he vowed to himself that he would never let you go again.

ex-husband! gojo who walks you to your doorstep at the end of the evening, his heart pounding with nervous anticipation as he prepared to say goodnight. he hesitated for a moment, his eyes searching yours for any sign of hesitation or reluctance.

but then you smiled up at him, a soft warmth in your gaze that made his heart skip a beat. "thank you for tonight, satoru," you said softly, your voice filled with genuine gratitude and affection.

he reaches out to take your hand in his, his touch gentle and reassuring. "no, thank you, y/n," he replied, his voice soft with emotion. "for giving me a second chance, for believing in me, for everything."

without another word left to spare, he leans in and presses a soft, lingering kiss to your lips, his heart overflowing with love and gratitude. and in that moment, as he held you close, he knew that he was exactly where he was meant to be...

with you.

and he was so utterly grateful to have been granted a second chance at loving you again.

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hedgehog-moss · 2 years

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The torrent near my house looks like this most of the way, shallow water over rocks, but there are parts where it goes faster over steeper slopes (hence why it was promoted to torrent to distinguish it from the tranquil forest brooks)—and also a couple of places where it forms shoulder-deep pools.

I found one two years ago and then was never able to find it again—the banks are too overgrown to walk alongside the water for very long, so in order to reach a specific spot by the water you need to walk higher up where the vegetation is a bit sparser, 50 or 100 metres above the torrent, and start climbing down when you estimate you must be right above that spot—only to find that it’s impossible to go straight down, as you have to go around huge rocks or solid walls of holly bushes. Which seem to move around from one day to the next, so you can’t even use them as landmarks. I don’t know, I’ve given up on trying to make sense of this part of the forest. I’ve been climbing down to the torrent with Pandolf about once a week for the past three years and when I don’t take that one path I cleared one summer, it seems that I always reach the water in a totally different spot.

Anyway—I found a deeper pool again today, completely by chance! I was so happy when I emerged from the brambles and found this

In summer I often sit on a rock in the middle of the water to dip my feet in as I read, but today I was able to go for a proper swim and it was so nice!! It was 31°C this afternoon, unusually hot for these parts, so this felt like a little gift from the forest.

(Of course I did not have a swimsuit so I just kept my shirt on and hoped no one would show up. As I was saying I’ve been going to the torrent weekly for the past three years and I have never ever come across anyone there, so it would have been the worst luck!)

Pandolf was incredibly disapproving. Let it be known that he is not a water dog.

“I’m a sheepdog, and sheep don’t go in the water! if all goes well!!!”

I tried to call him so he would at least climb down from his judgemental rock and splash around where the water was shallower, because it was a very hot day and it would have been refreshing and fun! But he just wagged his tail nervously and looked down at the water and made distressed puppy squeals.

It’s so funny when he makes these regretful yet adamant sounds of noncompliance, it’s like “I would LOVE to do as you wish!! it would truly make my day!! nothing could make me happier!!!!!!! but no.”

I think the water was around 14-15°C? I love cold water but maybe Pandolf doesn’t. Maybe he would have agreed to swim in, say, Acapulco. Maybe he’s traumatised by that time he fell in the torrent in October and I posted a video so the internet could laugh at his embarrassed little butt-shakes.

Anyway! I tried to build pyramids of rocks at regular intervals on the way back, which the forest probably laughed at. I might not be able to find this place again anytime soon, but it was really the perfect day to stumble upon it unexpectedly <3

#crawling along

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mariacallous · 1 month

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Climate law experts are already calling it one of the most impactful rulings on human rights and climate change ever made. Today’s judgment, from the European Court of Human Rights (ECHR), was read out in front of an eclectic gathering of concerned plaintiffs from around the continent.

A group of older women from Switzerland, young people from Portugal, and a former French mayor—all had brought cases to the court alleging that their governments were not doing enough to battle the climate crisis now regularly ravaging Europe with heat waves, droughts, and other extreme weather.

While the ECHR, based in Strasbourg, France, chose not to admit two of the cases in question, it ruled that the Swiss women were right—their government had failed to do enough to meet the country’s responsibilities over climate change. What’s more, the women plaintiffs had also been denied their right to a fair trial in their country, the court found.

“It’s really a landmark judgement that was issued today, and it’s going to shape how all future climate change judgements are decided,” says human rights law researcher Corina Heri from the University of Zurich, who was present to hear the court’s decision for herself. “I was really relieved and very happy,” she adds, describing the moment when she heard the results of the judges’ deliberations.

Climate activist Greta Thunberg, who also attended the ruling, told reporters afterward that the world could expect more climate-change-related litigation.

The ECHR judges ruled 16 to 1 that the Swiss women—known as the KlimaSeniorinnen, or Senior Women for Climate Protection—had been subject to a violation of their human rights under the terms of the European Convention on Human Rights. The women had argued, for instance, that they were particularly vulnerable to the effects of heat waves.

Essentially, the ECHR has said it deems the Swiss government’s efforts on climate change mitigation to be insufficient. In the immediate aftermath of the ruling, Swiss president Viola Amherd told reporters that she would have to read the court’s judgement before commenting in detail.

“What Switzerland failed to do in the eyes of the court is, firstly, they don’t have a sufficient regulatory framework [for tackling climate change],” says Catherine Higham at the London School of Economics, who coordinates the Climate Change Laws of the World project. “They also felt there was evidence that Switzerland had inadequate 2020 targets and it failed to comply with those.” By 2020, the country had aimed to cut emissions by 20 percent from 1990 levels—however, emissions fell by only 14 percent.

The case brought by a former French mayor who said his town was at risk from rising sea levels was not admitted by the court because the man no longer lives in France. And the case by six Portuguese young people, penned in response to devastating wildfires in 2017, was also not admitted—partly because the plaintiffs did not bring their case in their own country before approaching the ECHR.

Despite this, the positive ruling for the KlimaSeniorinnen is being touted as hugely significant by legal experts. In this case, the court did not accept complaints from individuals within the group, but it did accept complaints made by the group itself as an organization—a distinction that could influence how people collectivize and approach European courts with similar cases in the future, says Heri.

She adds that there was a possibility the court could have ruled that the European Convention on Human Rights doesn’t actually require climate action. Had that happened, it could have undermined existing rulings made in European domestic courts that have demanded tougher climate policies from governments. For example, the Brussels Court of Appeal ruled last year that Belgium must cut its emissions by 55 percent from 1990 levels by 2030.

Today’s judgement comes following years of climate-change-related litigation gathering pace in courts around the world. In the US in 2023, for example, a judge ruled that the state of Montana was violating the right of 16 young people to a “clean and healthful environment.”

Higham says the ECHR’s ruling is “likely to have ramifications around the world.” She notes that, globally, there are around 100 similar cases in progress at various courts, also challenging governments over their climate change mitigation efforts. Heri agrees, noting that the ECHR is viewed globally as a highly influential international court.

Jorge Viñuales at the University of Cambridge, who specializes in law and environmental policy, says it is notable that Switzerland has been found to have fallen foul of human rights legislation, despite the fact that the country has relatively good climate policies. He criticizes the ECHR’s decision not to admit the case brought by the Portuguese young people, however. Part of the court’s reasoning was that their case was targeted not just at Portugal but every EU member state and five other countries. “The court seems to misunderstand that the climate system is everywhere and that effective control over the source of harm is what should count,” says Viñuales.

A big question around climate-change-related legal cases is over their impact—do they actually have enough clout to steer countries and large corporations toward reducing emissions faster than planned? Higham says there is evidence that this is already happening. In the Netherlands, the country’s Supreme Court ordered the government to slash emissions by 15 megatonnes in 2020, and a sharp drop in emissions followed. “We do see policy changes in the Netherlands that seem to be influenced by that judgement,” says Higham.

The ECHR ruling could also reignite cases that have struggled in some nations under the ECHR’s jurisdiction, such as the UK. This is “immensely significant,” says Tim Crosland, director of Plan B, a legal group that challenged the UK government over its climate policies but ultimately lost the case in 2021. “The High Court said, ‘Your fundamental problem is there is no precedent from Strasbourg to support your position that fundamental rights have been violated,’” says Crosland. “Well, now there is.”

Defendants in future cases may feel that their country’s own emissions are only a fraction of those responsible for climate change, and that therefore it is unfair to single one state out over many others. However, the ECHR ruling does not exaggerate nations’ individual duties, says Crosland. Each state has a share of the world’s carbon budget for keeping global warming to, for example, less than 1.5 degrees Celsius.

“Obviously, Switzerland isn’t responsible for emissions from the US or from China, but it’s responsible for its own emissions—and that’s what the judgement says,” he explains.

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atlaculture · 1 year

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What’s in a Name: Earth Kingdom Pt. 1

Kyoshi Island

I mentioned in this post here that the name Kyoshi can have many meanings depending on the characters used.

For the island of Kyoshi, I’ll go with the characters shown on the Kyoshi statue, since that’s the landmark that welcomes newcomers to the area.

These characters are 京士, which can be translated as “Samurai Capital”. This is obviously in reference to Kyoshi Island being an island full of samurai-like ladies.

Omashu

The Chinese characters for Oma are 奥瑪, which means “Mysterious Carnelian”. Carnelians are a type of semiprecious stone. Oma was one of the first human Earthbenders, so she is very much a “mysterious rock”.

Also, Oma sounds like “eomma” (엄마), which is Korean for mother, and she is the mother of Earthbending.

The Chinese character for Shu is 舒, meaning relax. Oma and Shu designed “The Cave of Two Lovers” so they could have a place with which to relax together.

Senlin Village

Senlin Village was the village that was being terrorized by Hei Bai, the angry forest spirit.

Senlin (森林) is Mandarin for “forest”.

That’s it.

Gaipan Village

Gaipan Village was the village that Jet and the Freedom Fighters wanted to flood.

The Mandarin term gaipan (改判) refers to the act of overruling a judgement. This could be in reference to Sokka’s rejection of and interference in Jet’s plan to flood the Fire Nation-occupied village.

Taku Village

Taku is the village that the Gaang took shelter in when Sokka and Katara were sick. It’s also where the herbalist and frozen frogs reside.

Taku can mean a variety of things, depending on the characters used.

The characters that I feel are most relevant to this setting are the Chinese characters 嗒窟, meaning “despair cave”. Considering how Katara and Sokka spent that episode...

Pohuai Stronghold

The Pohuai Stronghold was a Fire Nation fortress located in the western Earth Kingdom.

The stronghold acted as a base of operations for the Yuyan Archers. It was also where Aang was imprisoned when he was captured by Zhao.

Pohuai (破坏) is Mandarin for “destruction”. An appropriate name for a military base built on conquered land.

Makapu Village

Makapu is the fortunetelling village that Aunt Wu and Meng call home.

The village’s name might have been inspired by Makapuʻu, the extreme eastern end of the Island of Oʻahu in the Hawaiian Islands.

Makapu’u is Hawaiian for “bulging eye”.

Both locations are surrounded by volcanic rock.

Like what I’m doing? Tips always appreciated, never expected. ^_^

https://ko-fi.com/atlaculture

#atlaculture #avatar #Avatar The Last Airbender #earth kingdom #what's in a name

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bonefall · 1 year

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CRIES AND SHAKES CRIES AND SHAKES TELL ME ABOUT STARCLAN AND THE DARK FOREST I WANNA KNOW ABOUT T-THE-THE SCARY HORSIES AND THE PRETTY CLOUD ABOOOVEE

QUICK 'N DIRTY GUIDE TO THE ENVIRONMENT OF THE AFTERLIFE LET'S GOOO

(also check out StarClan 101)

also also I do plan to put this in its own entry at some point

Meadow of Young Stars (Purgatory)

This is the space between the Dark Forest and StarClan. It is a great grassland of rolling hills and a hazy mist, full of sparkles like baby stars or fireflies. Its primary colors are pastel shades of purple and green.

When a cat dies and wakes up in the afterlife, this is where they come. While they either wait for their trial, or for their judgement, their deceased friends and family may meet them here and patch up any injuries they acquired in life.

As an example, though Brokenstar was going to go to the Dark Forest and knew it, Raggedstar still came to mend his son's eyes before he left.

It both surrounds StarClan and is also its border with the Dark Forest. There are no landmarks in the MoYS, making it seem endless if you are stuck wandering there. If you attempt to find StarClan from this place without being a StarClan cat yourself, you would find the Dark Forest through the mist. It's like a wall.

Silverpelt (StarClan's Hunting Grounds)

A powerful haven for the ancestral spirits of the Clans, and where the Clan's deities do their work. It's a paradise always in leaf-fall, with a meandering river, lots of rocks to sun on, and a deep forest with many Clan-appropriate areas. Its primary colors are light blue and white.

This place is strange; time moves quite differently here than on Earth, with some cats simply not-existing (but not fading) for stretches of time. Over time, distance with your mortal life and the worship of cats below begins to change you. Every cat who fades, though this is a peaceful process, seems to contribute to this bizarre land.

But enough thinking of that for now.

There are many amenities here, which helps StarClan do its work down below. Creamy clay is scooped right from the riverbank to craft new kittens and prey for the living, there is a great pool where the Clans can be watched, and the territory ends in a great cliff from which the nebulae beyond StarClan can be watched to unravel the future from its shine.

Skypelt (SkyClan's Heaven)

A smaller, but still powerful haven where SkyClan cats gather when not collaborating with the cats of Silverpelt. It's always dawn in Newleaf here, featuring a deep gorge and a lot of vertical movement, and ghostly human houses by its edges. Its primary colors are orange and cream.

When SkyClan rejoined the Forest Four, they brought their own StarClan with them. It's a point of pride to the ancestors of SkyClan that they are able to care for their descendants completely on their own; they have not forgotten that it was Firestar and Brokenstar who freed them from their earthly imprisonment as rats, not StarClan-Prime.

Skypelt cats and Silverpelt cats can freely mingle, there are no borders and visiting the other is as simple as walking there.

There is no unique Dark Forest equivalent. All five Clans share the same hell.

The Place of no Stars (Dark Forest)

A nightmare made manifest, which contains those cats who have turned or been cast away from StarClan's light. A shifting forest-like place influenced by the dreams of the living, with each resident's personal hell contributing to a patchwork territory. Its primary colors are red and brown-black.

One person's hell is another person's heaven. Though it's seen as a a horrible fate at first glance; it can be home if you let it be. By working together with other cats, it's possible to find the perfect places to rest and hang out. For example, Morningstar's worst memory is his memory of ThunderClan's camp when his Clan turned against him... but Ripplestar's was his death of the falling tree at Fourtrees.

It's also influenced by the dreams of the living, unlike StarClan itself. The Thunderpath is here, with Shrewpaw's Pheasant trying to lure cats onto the road. As long as cats fear the gigantic horses of the barn, the horseplace will be here. Even bizarre nightmares, like biting into a mouse and tasting fish, find their way here.

It's an edgy place, but, once you get past the fact that the moon is a giant eyeball which blinks sometimes, and that the willows bleed, you can start making bloodsyrup.

And, importantly, you may walk alone if you would like to. If you don't want to meet a person, you simply will not. Try as she might, Mapleshade can never find her victims to hurt them ever again. Frecklewish, Appledusk, and Ravenwing simply do not want to see her, so they don't.

The Dark Forest is supposed to contain these spirits so they can't interfere with the living... but as Mapleshade's haunting of Appledusk's bloodline shows, there is a way to do it. Figure it out on your own or ask the right questions.

How to Double Die

And, lastly, of ALL territories, no cat can die to their homeland. Because a Dark Forest cat is part of their homeland, they cannot kill each other. A Dark Forest cat who dies in the Dark Forest simply pops back up the next day, no matter if it was to a horse hoof, being hit with a car, or a fatal killing bite.

LEAVING the Dark Forest removes this protection... as well as introducing creatures that do not belong there. Ivypool practicing the killing move on Antpelt was a horrific shock to ALL involved, as it was not known that the living would be able to kill spirits.

Simple Chart:

Spirit vs Spirit = Safe

Dreaming Mortal vs Dreaming Mortal = Safe

Spirit vs Mortal = Unsafe

Spirit on Mortal Plane = Unsafe

#Dark Forest #StarClan #Spiritual Overhauls #Better Bones AU #Silverpelt #Skypelt #Place of No Stars

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teamattorneylex · 1 year

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8th National Case Comment Writing Competition Organised by Team Attorneylex: Register by 25th May

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#125 Crpc #Bail #CBI #ED #fir #Lalita Kumari vs Government of Uttar Pradesh #Lalita Kumari vs Government of Uttar Pradesh and Others AIR 2012 SC 1515 #landmark case #landmark judgement #Mohd. Ahmad Khan vs Shah Bano Begum #Mohd. Ahmad Khan vs Shah Bano Begum & Ors. (1985)#Shah Bano Begum Case

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lgbtpopcult · 1 year

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Nepal Supreme Court delivers historic ruling in favour of same-sex marriage • GCN

The Supreme Court of Nepal has issued a landmark ruling ordering authorities to recognise a gay foreign spouse of a Nepali citizen and instructing the government to move towards the legalisation of same-sex marriage.

#nepal #supreme court #same sex marriage #gay marriage #politics #lesbian #gay #lgbt #lgbtq #wlw #bi #girls who like girls #lgbtqia #sapphic

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nightghoul381 · 10 months

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I'll Keep You Warm~ William x Reader

Yet another entry for @aquagirl1978 and @violettduchess's challenge. Thank you again for hosting, I'm having a lot of fun with these prompts.

Prompt: 7. Camping Pairing: William Rex X Reader Genre: Fluff + a smidge of spice Word Count: 1458 (The fics keep seeming to get longer as I continue this challenge :p)

“I’m terribly sorry, I don’t see a reservation for you Earl Rex. On top of that, I’m afraid we’re full up and haven’t got a room to spare.”

The innkeeper was visibly upset. He had spent the past few minutes searching his records to see if somehow there had been a mistake. Will just smiled, completely unbothered by your sudden lack of lodging for the night.

“It’s no trouble at all, your assistance has been greatly appreciated. Have a wonderful evening.” Will responded graciously, wrapping his arm around your shoulder, and guiding you out of the inn.

When you were out of earshot you couldn’t help but sigh, “Where are we going to stay then?”

You and William had ben sent out to discover the cause for a recent rash of disappearances from a remote village.

This remote village, however, only had one small inn and Victor had assured the two of you that accommodations had been taken care of. Just before you had left, Victor had stopped you and handed you a small envelope, insisting that you wait until sunset to open it.

Glancing at the sky, the sun had begun its descent, but was still plainly visible. Shrugging, you decided that opening the envelope early wouldn’t be that bad, and hopefully it would have the address of the residence that Victor must have intended for you to stay at.

Unfolding the small piece of paper, all that you found was a crudely drawn map with an x marking the end of a dotted line.

“Um… I think he may have planned for us to stay somewhere else,” You muttered, handing the scrap of paper over to William.

“Ah, I see… He intends for us to stay at wherever this X is supposed to be.”

Will chuckled, glancing once more at the map before tucking it into his breast pocket.

“Off we go then.” He smiled, taking your hand in his and leading the way toward the first landmark.

After a short walk out of the village, you arrived at a gnarled tree. Will assured you that this was what the swirling blob on the map was supposed to represent and you had no choice but to acquiesce to his judgement. Soon you had made your way past a pile of rocks resembling a layered cake, a tiny farmhouse, and finally had reached the final landmark…a fairly wide stream.

Across the water, you were able to see a small tent sitting within a clearing.

“A tent?” You asked incredulously.

Will let out a bark of laughter and took off his cloak, holding it in a balled-up bundle on his shoulder. He began wading through the stream, the water quickly coming up to the middle of his back.

Too stunned to move, you merely watched as he emerged on the other side, clothes soaked through.

“Well come on then,” He shouted, waving you across. The grin on his face brightened as you hesitantly entered the water.

“Oh! It’s freezing!” You squeaked, leaping back onto the shore. Will’s laughter once again rang out and you felt your cheeks flush with embarrassment.

“Come along, little robin. I’ll have a fire started here in a moment to help us dry off.”

Taking a deep breath, you trudged through the icy water, shivering as you finally reached the opposite shore. Almost immediately, Will was behind you, hands pressed against your waist.

“My, my, you truly are soaked through, aren’t you?” He purred in your ear. A shiver ran down your spine for a completely new reason as he began slowly unlacing your dress. “We simply can’t have you stay in these sopping clothes any longer can we?”

Clawing your way to the rational side of your brain, you held Wills hands still, letting out a long breath.

“I am not about to expose myself out here where anyone could come across us!” You insisted through chattering teeth. “I’ll just sit by the fire and I’m sure I’ll be warmed up in no time.”

Moving to take a step towards the flickering flames, Will tightens his hold on your waist.

“No one will come across us, dear robin.” He whispered, his breath ghosting across the back of your neck.

“How can you be so sure of that?”

“Victor clearly intended for us to go camping tonight. And naturally, understanding that we are lovers, he would have done his best to ensure that we would be completely secluded.” Will’s soft voice murmured, his tongue darting out to trace the shell of your ear.

“But why would he have us cross the stream like this? Surely it would have been just as easy to set up the campsite on the near side!”

Pressing his forehead to your shoulder, Will gently unfolded the map, and pointed to a small dark line that crossed over a longer, pale line, and from there the path continued parallel to the pale line until reaching the X.

“There was a bridge!?” You huffed, spinning around to scold your lover.

Your words were cut off as you came face to face with him, his crimson eyes burning into you with a fierce passion.

“Forgive me, my dear. I couldn’t resist the opportunity to see you like this.” He sighed. “You have no idea how deliciously your dress is clinging to your body.” As if to make a point, he ran his hands over the curve of your hips, eyes trailing along behind.

“You are incorrigible, William Rex.” You tease, letting your eyes flutter closed as he continues his exploration of your body.

A sudden blast of wind buffets the two of you and you both realize that, despite the heat in the air between you, the world outside has begun to cool. Long shadows are now stretching from the trees and the crisp evening air is doing nothing but causing you to feel even colder.

“I do still think it would be beneficial for you to remove that dress. I will take full responsibility for keeping you warm in its stead.” Will hushed, bringing his fingers back to the laces on your dress.

Still a bit nervous, you relent to his hand and allow him to remove the soaking garments from your form, before he strides over to a nearby branch, draping your clothes, followed by his own across it.

You try to steady your breathing as you take in your lover’s physique. Supple, toned muscle traces its way around his lean frame, and you can feel heat pooling in your belly as he turns back to you in nothing but his undergarments.

His soft chuckle pulls you from your reverie and you cough in shame, quickly moving closer to the fire, arms crossed over your chest. As you gaze into the orange tongues of fire that dance before you, you feel a heavy weight settle over your shoulders.

Will’s cloak is draped over you, providing a comforting warmth that you gladly huddle into. A contented sigh escapes your lips, as you settle onto the ground beside the warm glowing embers. Your lover is quick to pull you into his arms, clinging to you as though you were the most precious jewel.

“I’ll keep you warm. I promise.” He vowed, running his hands up and down your arms. The friction was wonderful and soon you were feeling quite comfortable. Leaning back against Will’s chest you gazed up at his face, famed by the silver moonlight, he looked like some ethereal being.

Will leaned down and pressed a soft kiss to your forehead before asking, “Shall we get some rest?”

“I think that would be nice, hopefully our clothes are dried by tomorrow.” You tossed out your reply as you shuffled out of his lap and stood. Pulling the cloak tighter around your shoulders, you watch as Will made his way over to the tent where a thin mattress was waiting.

“Oh! It looks like Victor had thought this through more than I assumed.” He spoke, disappearing into the tent, only to emerge moments later with a stack of fabric.

“It seems he has provided a set of pajamas.” Will laughed, as he held a warm looking nightgown out to you.

Instead of taking the outfit, you pushed Will onto the mattress and wrapped your arms around his neck, the cloak falling away as the tent enclosed you.

“You promised that you would keep me warm.” You teased, pressing your lips to his.

“Well, I can’t go back on such an important promise.” Your lover grinned as you pulled back.

He returned your kiss, and the two of you gladly indulging in each other’s warmth as the cool night marched on around you, eagerly fulfilling that very same promise.

#summer days sultry nights ccc #ikemen villains #ikevil #ikevil william #ikemen villains william #william rex

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