This Agreement is
made at ....... this ....... day of ....... between Mr. A.. . . residing at
....... hereinafter referred to as 'The Lessor' of the One Part and Mr. B ....
residing at ....... hereinafter referred to as The Lessee' of the Other Part;Whereas the Lessor is
absolutely seized and possessed of a vacant piece of land situate at .......
and more particularly described in the Schedule hereunder written.And Whereas the Lessor
Is entitled to hold the said land being within the ceiling limit.And Whereas the
Lessee has requested the Lessor to give the said piece of land on a long lease
to enable the Lessee to construct a building partly for his own residence and
partly for letting out the same.And Whereas the
Lessor has agreed to grant a lease of the said plot of land to the Lessee on
the following terms and conditions.Now it is agreed by
and between the parties hereto as follows:1.
The
Lessor agrees to demise and the Lessee agrees to take on lease the said piece
of vacant land more particularly described in the Schedule hereunder written
for a term of 99 years from the date of the Deed of Lease to be executed as
hereinafter mentioned at the yearly rent of Rs. ........ and subject to the
terms, conditions and covenants hereinafter contained.2.
The
Lessor shall make out a marketable title to the said land free from any
encumbrances and reasonable doubt.3.
The
Lessor shall produce the documents of title to the Lessee or his Advocate for
inspection and investigation of title to the said land. within eight days from
the date hereof.4.
The
Lessor will allow the Lessee to enter upon the said land, after he Is satisfied
with the title of the Lessor for the purpose of constructing a building thereon
as hereinafter provided.5.
The
Lessee agrees and covenants that -a. He will enter upon
the said piece of land for construction of a building only as a licensee until
the building is constructed and the Deed of Lease is executed in his favour and
till then he "I have no right as a tenant or lessee to the said land.b. The Lessee will pay
all the municipal taxes in respect of the said plot of land and the building to
be constructed thereon if any payable until completion of the building and
execution of the Deed of Lease.c. The Lessee shall
after entering upon the said land as aforesaid commence and complete a building
thereon as per plans to be sanctioned by the ....... Municipal Corporation.d. The Lessee will get
the plans of the Proposed building Prepared by his architect for being
submitted to the Municipal Corporation. The Building shall consist of a ground
and ....... upper floors and the total built up area will not exceed the F.S.I.
available. The construction cost of the said building will not be less than Rs
........ and the Lessee shall use quality building material and specifications
on that basis.e. The Lessee shall not
construct any work which will be unauthorised or against the Municipal building
rules and regulations.f. The Lessee shall do
the digging work for foundation to the extent necessary and shall not remove
and dispose of any earth or gravel from the said land.g. The Lessee shall not
also bring any unnecessary material on the said land.h. During construction
of the building the lessee shall have the property insured against fire and
accident.i. The Lessee shall on
completion of the building obtain and produce for the Lessee's inspection the
completion certificate of the Municipal Corporation.j. The building will be
constructed at the costs of the Lessee including the fees payable to
architects, Surveyors, Engineers, labours etc.k. The Lessee shall
indemnify and keep indemnified the Lessor, against all losses, costs, charges
and expenses that the Lessor may suffer or incur due to any claim from any
person regarding the said construction or due to any accident or due to breach
of any rule and regulation Of the Municipal Corporation or Govt.l. During construction
the Lessee shall take precaution to see that no nuisance or annoyance is caused
to the adjoining owners or Occupiers of other properties1.2.3.4.5.6.
On
the completion of the building as aforesaid and the Lessee obtaining the
completion certificate, the Lessor shall execute a deed of lease of the said
plot of land with the building thereon for a period of 99 years from the date
of the lease at the yearly rent of Rs ....... The Deed of Lease will be In the
form which has been approved by the parties hereto and a copy thereof is hereto
annexed and marked 'A' for Identification.7.
For
the use and occupation of the said land for construction the Lessee shall pay
to the Lessor, a lumpsum of Rs .......... before the execution of the Lease.8.
The
said building will be constructed and completed within a period of one year
from the date hereof provided that, if the work is held up or delayed for any
reason beyond the control of the Lessee, the said period shall be extended for
such further period as may be expected to be required for completion of the
building but not exceeding .... months.9.
If
the building is not completed within the said period, the Lessor shall have the
option to cancel this agreement by one month's prior notice to the lessee and
on the cancellation of this agreement the Lessee shall remove all work of
construction and hand over vacant possession of the said plot to the Lessor
within one month from the date of cancellation unless the Lessor agrees to take
over and purchase the construction work and building material at the cost that
may be agreed upon between the parties.10.
All
the costs including stamp duty and registration charges of and Incidental to
the Deed of Lease will be borne and paid by the Lessee. The fees of the
Lessor's Advocate will be paid by the Lessor.11.
The
Deed of Lease will be executed in duplicate and one original copy will remain
with the Lessee and the other will remain with the Lessor.12.
In
the event of any dispute arising between the parties hereto in respect of this
agreement the same will be referred to arbitration of a common arbitrator If
agreed upon, otherwise to two arbitrators one to be appointed by each party and
the arbitration will be governed by the Arbitration & Conciliation Act,
Referred toIN WITNESS WHEREOF
THE Parties have put their respective hands theday and year first
hereinabove writtenSigned and delivered
by the withinnamed Lessor ....in the presence of
............Signed and delivered
by the withinnamed Lessee ..in the presence of
.......