Deed of Lease of Wakf Property

This deed of lease is made on this…………day of………2005 between Md. AB of…………representing CD Wakf (hereinafter referred to as the LESSOR) of the one part and EF Limited, a company registered under the Companies Act 1956 and having its Registered Office at (hereinafter referred to as the lessee) of the other part.
Whereas by Deed of Wakf dated……….1980 Md. CD dedicated his immovable property being ………… for pious and religious purposes mentioned in the said Deed.
And whereas the lessor has been appointed as the mutawalli under the said Wakf Deed and the lessor is acting as such mutawalli and is managing and administrating the said wakf property.
And whereas the lessor obtained permission from the Wakf Board for leasing out three rooms on the ground floor of…….. facing the Street to the lessee at a yearly rent of Rs. 1,20,000.
And whereas with the permission, sanction and approval of the Wakf Board the lessor entered into an Agreement to Lease dated 1999 for granting lease of the said three rooms for a period of 21 years at a yearly rent of Rs. 1,20,000 payable in advance.
And whereas the lessee made enquiries and taken inspection of documents and has satisfied itself about the power and authority of the lessor to lease out the said three rooms to the lessee for the said period at the said rent.
And whereas the lessee hereby agrees that the lessoR has not and does not give any warranty as to his title or power or authority or the validity of these presents save and except that the Wakf Deed and the permission of the Wakf Board are valid and genuine documents.
And whereas the parties have agreed to execute the Deed of Lease as contemplated in the said Agreement to Lease dated………2005.
Now these presents WITNESSETH and the parties hereby agree as follows:
1. In pursuance of the said Agreement to Lease and in consideration of the rent hereby reserved and on the terms and conditions, covenants and agreements herein contained and on the part of the lessee to be observed and performed the LESSOR doth hereby demise unto the lessee all that the said three rooms each measuring 140 sq. ft. situate on the ground floor of premises No………..of………..facing West having frontage on the…………….to hold the said premises unto the lessee for a term of 21 years commencing from ………. 2005 but subject to earlier determination as mentioned hereinafter.
2. The lessee shall pay by way of lessee rent a sum of Rs. 1,20,000 per year payable in advance by ………… 2000 and thereafter within February each year.
3. The security deposit of Rs. 1,20,000 given by the lessee will be adjusted towards the lease rent of the last year.
4. The lessee shall pay all present and future municipal rates, taxes, duties and levies and other outgoings either statutory or otherwise payable to Municipalities or other authorities in respect of the said leasehold premises.
5. The lessee shall keep the leasehold premises in good and tenantable repairs but shall not carry out any additions or alterations to the said premises without the written permission of the LESSOR.
6. The lessee shall not use the said premises for any unlawful purpose or bring in the premises any inflammable or hazardous article or goods or store them.
7. The lessee agree to use the said premises only for the purposes of carrying on its business and in doing so undertakes not to create any nuisance or undue annoyance to the neighbours.
8. If the lessee makes any default in payment of any yearly lease rent and such default continues for more than three months or commits any breach of any of the terms herein then the lessor would have the liberty to terminate the lease and to re-enter the said premises.
9. The lessee shall not sub-lease or grant any leave or licence to any other person, firm or company or create any charge or mortgage over the said leasehold property without prior written consent of the LESSOR and the permission of the Wakf Board.
10. The lessee shall make arrangement for separate Meters for waters, electricity and gas at its own costs and any consent or permission, if required, in this respect will be given by the lessor.
11. The lessee agrees and on enquiry has satisfied itself that all necessary sanctions, permissions and No Objection Certificates have been obtained for the purpose of leasing out the said premises and execution of these presents.
12. The lessee agrees to bear and pay the requisite Stamp Duty and the Registration charges and other legal expenses in respect of the present Deed of Lease.
In witness whereof the parties have executed these presents on the day, month and year first above-written.
Signed and delivered
by Md. AB in the
presence of:                                                                                        Signature
Signed, sealed and delivered by
Mr…………..
pursuant to Board Resolution
dated………..of EF Limited
in the presence of:                                                                              Signature
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