This Deed Of Lease
made at ................. this ................. day of .................,
2000, between ................. son of ................. resident of
.................. hereinafter referred to as "the Lessor" of the One
Part and ................. son of ................. resident of ...............
hereinafter referred to as "the Lessee" of the Other Part.Whereas the Lessor is
the exclusive owner of piece of land bearing Plot No. ..................
situated at . ( more particularly described in the Schedule A
hereunder written ), hereinafter referred to as the demised premises.And Whereas the
Lessor has agreed to grant to the Lessee a lease in respect of the said
premises for a period of .............. years, vide Agreement of premises lease
dated .............. hereinafter referred to as "the said agreement"
subject to terms and conditions laid down in the said agreement.And Whereas the
lessor has made out his marketable title to the demised premises free from all
encumbrances, claims or reasonable doubts.Now This Deed
Witnesseth As Follows:1.
In
pursuance of the said agreement and in consideration of the rent hereby granted
and the Lessee's covenants hereinafter mentioned, the Lessor hereby demise unto
the lessee the demised premises, to hold the demised premises unto the Lessee
(and his heirs, executors, administrators and assigns) for a period
of................. years commencing from the ................. day of
................., 2000, at a yearly rent of the year for which it is due, the
first of such yearly rent shall be paid on ................. and the subsequent
rent to be paid on or before the ................. day of every succeeding year
regularly.2.
The
lessee shall construct a suitable house and other structures on the demised
premises hereby demised according to and in conformity with the map or plans
hereto annexed, which has already been sanctioned by the Municipal Corporation
of.................. within a period of one year from the date hereof.3.
The
Lessee hereby agrees to the following covenants:a. To pay rent hereby
reserved on the day and in the manner aforesaid to the lessor.b. To pay all taxes,
cess, impositions, assessments, dues and 9, duties payable in respect of the
demised premises and the building to be constructed thereon to the Government
of .................. or the Municipal Corporation or any other local authority
or public body.c. Not to sub-let, sell,
dispose of or assign the demised premises or the house constructed on the
demised premises without the consent of the lessor in writing.d. To keep the building
constructed on the demised premises in good and tenantable condition.e. To permit the lessor
or his duly authorised agent or agents to enter the demised premises at all convenient
times for inspection of the building.f. To insure and to keep
insured the building that may be constructed on the demised premises against
the loss or damages by d fire, earthquake, riot or affray with an insurance
company approved in writing by the lessor in the joint names of lessor and
lessee for an amount which shall not be less than Rs. ..................g. To use the demised
premises for construction of house which will be used for residential purpose
only.h. Not to use the
demised premises or the building constructed or any part thereof for any
illegal purpose.1.2.3.4.
The
Lessor hereby agrees to the following covenants:a. The lessor is
absolutely seized and possessed of or otherwise well and sufficiently entitled
to the demised premises and is having full power and absolute authority to
demise unto the lessee the demised premises.b. The lessee shall
peacefully and quietly hold, possess and enjoy the demised premises, during the
term of lease without any interruption, disturbance, claims or demand
whatsoever by the lessor or any person or persons claiming under him, subject
however, the lessee paying the said yearly rent on the due dates thereof and in
the manner herein provided and observing and performing the covenants,
conditions and stipulations herein contained and on his part to be observed and
performed.c. Not to unreasonably
withhold his consent to any sub-lease, transfer or assignment of the demised
premises, if intended to be made by the lessee.1.2.3.4.5.
It
is hereby agreed that if default is made by the lessee in payment of the rent
for any three years, or in observance and performance of any of the covenants
and stipulations hereby contained and on the part to be observed and performed
by the lessee, then on each such default, the lessor shall be entitled in
addition to or in the alternative to any other remedy that may be available to
him at his discretion, to terminate the lease and eject the lessee from the
premises demised and from the building, that may have been constructed thereon;
and to take possession thereof as full and absolute owner thereof, provided
that a notice in writing shall be given by the lessor to the lessee of his
intention to terminate the lease and to take possession of the demised premises
but if the arrears of rent are paid or the lessee comply with or carry out the
covenants and conditions or stipulations, within fifteen days from the service
of such notice, then the lessor shall not be entitled to take possession of the
said premises and building.And it is here by agreed
Between the Parties as Follows:a. On the expiry of the
term hereby created and subject to the observance and performance of the
covenants, conditions and stipulations herein contained and on his part to be
observed and performed, the lessee will have the option to renew the lease of
the demised premises for a further period of .............. years, provided he
gives a notice to the effect in writing by registered post to the Lessor of his
intention to do so at least three calendar months before the termination of the
present lease; provided that the rent payable by the lessee to the lessor
during the extended time of the lease shall be Rs. ............... per annum,
which will include the rent of the demised premises and of the building
constructed thereon, which an the expiry of term of the lease, shall vest in
and be the absolute property of the Lessor as hereinabove mentioned. After the
expiry of the said period of ................. years, the Lessee shall not be
entitled to exercise further option of renewal of the lease and shall deliver
the demised premises and the building constructed thereon to the lessor in good
condition as hereinbefore provided.b. The Lessee shall be
entitled to purchase the reversion during the subsistence of this demise, in
respect of the demised premises on the payment to the Lessor, a consideration
to be agreed upon between the Lessor and Lessee and the lessor shall execute
conveyance in respect of the reversion of demised premises purchased by the
Lessee in favour of the lessee or his nominee or nominees; provided that the
lessee may be entitled to purchase a portion or portion of the reversion in
respect of any portion of the demised premises, the rent hereby agreed to be
paid by the Lessee to the Lessor shall be proportionately reduced.c. On the expiry of the
term hereby created or earlier determination under the provisions hereof, the
lessee will hand over the peaceful and vacant possession of the demised
premises and building constructed thereon to the Lessor in a good condition.1.2.3.4.5.6.
This
Lease Deed shall be executed in duplicate. The original shall be retained by
the Lessor and the duplicate by the Lessee.7.
The
stamp duty and all other expenses in respect of this Lease Deed and duplicate
thereof shall be borne and paid by the Lessee.8.
The
marginal notes and the catch lines hereto are meant only for convenience of
references and shall not in any way be taken into account in the interpretation
of these presents.IN WITNESS WHEREOF,
the Lessor has set its hand unto these presents and a duplicate hereof and the
Lessee has caused its common seal to be affixed hereunder and a duplicate
hereof on the day, month and year first hereinabove written.The Schedule A above
referred toSigned and delivered
by the within named lessorSigned and delivered
by the within named lesseeWITNESSES;1.2.