This Deed Of
Sub-Lease is made at ... this ... day of... between Mr. A residing at ...
hereinafter referred to as the Sub Lessor of the One Part and Mr. B. residing
at ... hereinafter referred to as the Sub Lessee of the Other Part ;Whereas by a Deed of
Lease dated ... made between Mr... therein and hereinafter referred to as 'the
Lessor' of the One Part and the Sub Lessor therein referred to as the Lessee'
of the Other Part and registered at the office of the Sub Registrar at ... under
S.No... of Book No.1 the Lessor demised unto the Sub Lessor as Lessee the land
and premises described in the Schedule thereunder written (being the same as
described in the first schedule hereunder written) for a term of 99 years at
the yearly rent of Rs... and on and subject to the covenants, terms and
conditions therein mentioned. And Whereas the Lease is still valid and
subsisting.And Whereas the Sub
Lessee has requested the Sub Lessor to grant to him a sublease of a portion of
the said demised premises and which portion is delineated on the plan hereto
annexed by red coloured boundary line and is more particularly described in the
second schedule hereunder written and which the Sub Lessor has agreed to grant
In the manner following.1.
Now
This Deed Witnesseth that pursuant to the said agreement and in consideration
of the rent hereby reserved and of the terms covenants and conditions
hereinafter provided the Sub Lessor doth hereby sub demise unto the Sub Lessee
the said portion of land described in the second Schedule hereunder written and
delineated on the plan thereof hereto annexed and thereon shown by boundary
line coloured red (and forming part of the land described In the First Schedule
hereunder written) hereinafter referred to as 'the sub demised land' to Hold
the same unto and to the use of the Sub-Lessee for all the residue of the
unexpired term granted by the said Deed of Lease, less three months but subject
to the earlier determination thereof as hereinafter provided and yielding and
paying there for during the said term the monthly ground rent of Rs... free and
clear of all deductions and strictly in advance on or before the 5th day of
each month commencing from the 5th day of the month of... next and thereafter
on or before the 5th day of each and every succeeding month during the
continuance of the lease.2.
The
Sub Lessee, with a view to bind himself and his heirs, executors or
administrators covenants with the Sub Lessor as followsa. To observe and
perform all the terms, covenants and conditions contained in the said Deed of
Lease to the extent and so far as they are applicable to the sub demised land
as if they were Incorporated In these presents and not to commit breach of or
do any act contrary to any of the said terms, covenants and conditions.b. To pay land revenue
and other taxes payable in respect of the sub demised land In the same
proportion which the area of the sub demised land bears to the total area of
the land described in the First Schedule hereunder written.c. To pay the monthly
rent as aforesaid regularly to the Sub Lessor.d. To pay all Municipal
and other taxes, rates, cess and other levies on the building and structures if
any constructed thereon, to the Govt. or any local authority.e. Not to cause nuisance
or annoyance to the adjoining owners and occupants.f. Not to assign,
mortgage or sublet or otherwise part with possession thereof In favour of any
other person, without the prior written consent of the Sub Lessor.g. To Indemnify and keep
indemnified the Sub Lessor against any loss. costs, charges and expenses that
he may suffer or incur on account of breach of any law, rules and regulations
of the Govt. or any local authority, or breach of any term or covenant of the
said Deed of Lease or of these presents.h. To use the sub
demised land for the purposes of1.2.3.
The
Sub Lessor doth hereby covenant with the Sub Lessee thata. The Sub Lessor has in
himself good right. and full authority to sub demise the said portion of the
land described in the Second Schedule hereunder written in the manner
aforesaid.b. On the Sub Lessee
paying the monthly rent regularly on due dates and observing and performing the
covenants. term and conditions herein contained and those contained in the said
Deed of Lease and on the part of the Sub Lessee to be observed and performed he
shall peacefully and quietly hold, possess and enjoy the Sub demised land
together with the buildings and structure if any standing thereon during the
term hereby created, without any eviction, Interruption, disturbance, claim or
demand whatsoever by the Sub Lessor or any person or persons lawfully or
equitably claiming by, from or in trust for him.4.
And
it is hereby agreed and declared as an express term of this lease that If the
Sub Lessee commits default in payment of more than two monthly instalments of
rent or commits breach of any covenant, term or condition contained In these
presents or In the said Deed of Lease, or If the Sub Lessee is adjudged
insolvent, then and any of such cases or events, the Sub Lessor shall be
entitled thereunder to enter upon the sub-demised land or any part thereof in
the name of the whole and thereupon this sub-demise shall determine without
prejudice to any other right conferred. on the Sub Lessor by these presents or in
law Provided that, If within the period given In the notice to be served upon
the Sub Lessee for payment of arrears of rent or remedying to the satisfaction
of the Sub Lessor the breach of any term, covenant or conditions of these
presents or the said Deed of Lease, the rent is paid or the breach is remedied,
then the notice to determine the Lease shall be deemed to have been withdrawn.5.
On
the expiration of the said period of the Sub Lease or earlier determination
thereof as aforesaid, and within a period of two months from the date of such
termination or determination the Sub Lessee shall remove all the buildings and
structures if any constructed thereon at his own costs failing which the same
shall belong to the Sub Lessor and the Sub Lessee shall be deemed to have
waived or given up his right thereto.In Witness Whereof
the Sub Lessor and Sub Lessee have put their hands the day and year first
hereinabove written.THE FIRST SCHEDULE
ABOVE REFERRED TO THE SECOND SCHEDULE ABOVE REFERRED TOSigned and delivered
by the with in named Sub Lessor ... in the presence ofSigned and delivered
by the with in named Sub Lessee... in the presence of