Agreement of Lease of an Orchard
 
Agreement made at ……….……………… this day of ………………… between Mr. …………………. of …………………… residing at ………………. hereinafter referred to as 'The Landlord' and Mr. ……………..  of ………………….. hereinafter	referred to as the Tenant of the other part as follows
 
WHEREAS

(1) The Landlord owns a large piece of land situated at ……………. and more particularly described in the Schedule hereunder written.

(2) The Landlord has developed an orchard on the land containing fruit trees and flower trees of several types.

(3) The orchard is provided with sufficient water supply and electric power.

(4) The Landlord is unable to manage the said orchard due to old age and proposes to give on lease or tenancy for a period of ………. years to the Tenant who has agreed to take the same on lease or tenancy on the following terms;-

(1) The Landlord grants on lease or tenancy the said land described in the Schedule hereunder written together with all the fruit and flower trees standing thereon and together with the installations for water and electric supply and the water wells thereon and all the privileges and benefits and appurtenants thereto for a period of ……… years from the date hereof.

(2) The tenant shall pay to the Landlord a monthly rent of Rs. …………. to be paid on the ……… day of each month in advance for that month and shall also pay ……….. percent of the crop of fruits and flowers in kind obtained by the tenant each year.  The said percentage will be decided on the basis of the fruits and flowers (hereunder referred to as the goods) sold by the tenant.

(3) The vouchers or other papers disclosed by the tenant to the Landlord as evidence of the sale of the goods every year will be accepted as correct and no dispute will be raised on that account by the Landlord.

(4) The Tenant will be not be entitled to cut any tree of whatsoever nature standing on the said land unless it is damaged by fire or storm or flood or is dead.  Any tree may be cut only after prior intimation to the Landlord.

(5) The Landlord will be entitled to visit the orchard by giving previous twelve hours intimation thereof for inspection from time to time.

(6) The Tenant can plant additional fruit and flower trees if he so desires and but he will not be entitled to remove them on the expiration or termination of the lease or to claim any compensation in respect thereof. 

(7) The Tenant shall properly maintain the orchard as a man of prudence would do and would not cause any damage to the land or the trees or the installations and other fixtures by or due to negligence of himself or his servants and agents and in the event of such damage, the tenant will be liable to make good the loss suffered by the landlord due to such negligence.  The Tenant will not be responsible for any loss due to unavoidable fire or storm or flood or any other act of God.

(8) The Tenant shall pay all the land assessments and other taxes and dues, electric and water charges in respect of the said land and products therefrom during the said period and shall indemnify and keep indemnified the Landlord against the said liability.

(9) The Tenant shall not mortgage or create any other charge on the said landlord or the orchard, except that the standing crop can be hypothecated or sold in advance by him to raise any loan or otherwise.

(10) The Tenant will be entitled to insure the trees and the crop and shall pay the premium in respect of such insurance as and when it becomes due.  If any amount becomes payable under such insurance for any tree planted by the Landlord, it will become payable to the Landlord.

(11) The tenant shall use the said land only as an orchard and for no other purpose and shall not construct any building or other permanent structure thereon or any part thereof.

(12) If the Tenant fails to pay the rent in cash or kind as and when it becomes due, or commits breach of any term of this agreement, the landlord will be entitled to terminate this agreement by one month's written notice to the Tenant and in that event the tenant shall handover possession of the said land and the trees and installations thereon forthwith.

In witness whereof the Parties have put their hands the day and years first hereinabove written.

The Schedule referred to above.

 
Signed and delivered by the
Withinnamed Landlord '……………' in
the presence of

Signed and delivered by the

Withinnamed Tenant '…………..…' in
the presence of