Deed of Boundary Demarcation

This deed of boundary demarcation is made on this………day of……….2005 between Mr. XY of………… (hereinafter referred to as the first party which expression shall unless the context otherwise requires include his heirs, legal representatives and successors) of the first part and Mr. MN of………..(hereinafter referred to as the second party which expression shall unless the context otherwise requires include his heirs, legal representatives and successors) of the other part.
Whereas Mr. Z was the owner of Premises No……….of……
And whereas by a Deed of Sale dated 5th August 2005 Registration No.124 in the year 2005 and recorded in Book No. 2, volume 3, pages 50 to 65, the first party purchased the eastern portion of the premises No……of………and the same has been mutated in the records of the Municipal Corporation of Calcutta numbered as……..
            And whereas the western portion of the said premises No………of…..has been purchased by the second party by a Deed dated……….2005 and bearing Registration No. 15 in the year 2005 recorded in Book No. 4, volume 2, pages 1 to 5 and the same was mutated in the records of the Calcutta Municipal Corporation and has been numbered 85
And whereas there is a common wall between the eastern portion and the western portion of the said premises now known as…………………….
           And whereas the first party commenced construction of additions, alterations within the premises in accordance with the sanctioned plan of the Calcutta Municipal Corporation and such reconstruction work is still going on though it is in the final stage.
          And whereas the second party objected to such reconstruction, additions and alterations in so far as the same affected the premises No………..of……….and has also obstructed the natural flow of air and light in the premises No………..of………….And whereas the parties had discussions and negotiations and ultimately have agreed to avoid further escalation of the dispute and amicably settled the disputes for ever in regard to the said premises.
Now these presents WITNESSETH and the parties agree as follows:
1. On the ground floor only of the premises No……..of…………the first party shall demolish a portion of the western side of common wall near Column No. G5 as shown in the drawing annexed hereto in order to facilitate the widening by 2 ft. of the attached shop-room of second party in the premises No………..of
2. Afresh 5 inches thick brick partitions wall will be constructed shifting it towards the west as shown in the drawing enclosed hereto. 
3. The parties will maintain the common wall at their own costs and expenses from their respective sides and each party will have the right to fix false ceilings, wall rack or other supports on this wall from their respective sides without putting undue weight on the common wall or structurally damaging the wall.
4. The said shifting of the wall in the premises No………..of……….shall be only for the ground floor without affecting the corresponding walls on the 1st, 2nd, 3rd and the 4th floors.
5. By virtue of the such shifting of the above, the 5 inch brick common wall towards the western side of the column G5 of premises No…….of……….will now be within the western side line of premises No…………of……….
6. The second party undertakes and agrees not to do any structural damages by way of chiseling the said column No. G5 or do any other act which will weaken the structural strength and stability of premises No……..of……………..and if any strengthening of the column G5 is required on the ground floor the second party will allow the first party to do the same from the side of first party and/or the second party and for this purpose allow the workers of the first party to enter the portion occupied by the second party.
7. As a result of shifting of wall towards western side, some structural modifications in the affected portion will be required with a view to protecting the ground floor roof of premises No…………of……….which will be done by the second party before demolition of the common wall of premises No………….of………………
8. On the western side of common wall of the premises No…………….of…….there are four windows/openings for air and light. As the two premises that is……………….and……..of………..are attached all the existing wall openings of………….premises No……………of……….are to be closed by brick work by the first party and it is agreed that in future neither of the parties will make any opening in the common wall on any floor of the buildings.
9. In the courtyard of premises No………of…………on eastern side there is 5 inch thick brick-wall of approximately 16 feet length on the ground floor only. In the said attached/common wall of premises No…….of………….the western side wall is only 5 inches thick on all floors. With a view to prevent percolation or seepage of rain-water through this brick wall a further 5 inches thick brick wall will be constructed from ground floor to the 4th floor in addition to the existing 5 inches thick brick-wall of premises No………..of…………Such brick wall to be constructed shall be finished with cement plastering. Such work has to be done from premises No of………………………
10. It is recorded that during the negotiation and preparation of these presents and execution thereof, the aforesaid additions/alterations/ modifications have been executed by the first party at its own expenses and to the satisfaction of the second party.
11. The said demarcation property line on the common portion of premises Nos…………..and…………of……………will be treated as final as existing as on 15th September 2005. The eastern side wall of premises No………….of………..and the western side wall of the premises No………….of……….and as shown in the enclosed drawings and the existing demarcation of the common wall of the two premises shall supersede the demarcation shown in respect of the common wall or attached portion of the two premises in the respective Purchase Deeds and plans of premises Nos………………..and…………..of	………………
12. The parties hereby agree that neither party will have any right to claim or any cause of action against the other regarding the boundary demarcation of the attached and/or common wall or the said premises Nos…………..and………..of………..and all disputes in regard thereto are hereby finally settled.
In witness whereof the parties hereto have executed these presents on the day, month and year first above-written.

Signed and delivered by Mr. XY
in the presence of:                                                                                              Signature

Signed and delivered by Mr. MN
in the presence of:                                                                                              Signature