............(hereinafter referred to as the Parties No. 2 or Lessees (which
expression shall include their respective heirs, executors, administrator and assigns) of the other party).
WHEREAS the Party No. 1 is the owner of a piece of Land situated at
.........and which is more particularly described in the Schedule-I
hereunder written.
AND WHEREAS the Party No. 1 agreed to grant to the Parties No. 2 by
way of a long lease the said piece of land bearing Plot No
..............
admeasuring about
.....
Sq-Mtr. described in Schedule
I (hereunder) and executed
a lease deed dated the
.......
day of
.............
and registered under Sr. No
...........
on
..........
for a period of 99 years in favor of the Parties No. 2 as Lessees on
the terms, convenants and conditions therein mentioned.
AND WHEREAS, the Parties No. 2 being joint Lessees of the said Plot
No
......have decided to partition the said plot between them.
AND WHEREAS the Parties No. 2 as Lesses applied to the Party No. 1 to give his consent to the Parties No. 2 sub-dividing and partitioning the said plot among themselves as required by the said Deed of Leave and which the Party No. 1 has agreed to do on certain conditions including the condition to enter into a separate agreement being these Presents.
AND WHEREAS, accordingly, the said plot was subdivided into five small five sub plots leaving some areas as common passages and an open space for common use as garden as shown on the plan hereto annexed.
AND WHEREAS the lay out of the said plot by way of sub-division into different sub-plots was approved by the
party No. 1 as the Lessor.
AND WHEREAS the Parties No. 2 allotted and divided by way of partition the said leasehold plot into five sub-plots to and among the Lessees No. 1 to 5 above named as mentioned in the Schedule No. II hereunder written.
AND WHEREAS the Lessees being the Parties No. 2 hereto executed a
deed of partition on
the....
day of
.........& registered under no
.........on the
...........
day of
.....
2001 at the office of the sub-Registrar at
....
whereby the
Lessees No. 1 to 5 agreed to hold the plots allotted to each of them separately and independently in their own rights as Lessees Subjects to the said lease granted by the Party No. 1 as Lessor and on the terms and conditions mentioned in the said deed of partition.
AND WHEREAS the Party No. 1 has given his consent to the Lessees sub-dividing and partitioning the said Plot No
.....
among the Lessees No
1.
to 5 as mentioned in the said deed of partition on the condition of the Lessees executing this agreement in favour of the Party No. 1 which the Lessees have agreed to do.
NOW IT IS AGREED AND DECLARED BY & BETWEEN THE PARTIES HERETO AS FOLLOWS.
(1) It is agreed and declared that the said Lease granted by the deed of lease dated above mentioned shall be treated as split up and be treated as granted separately in respect of each of the 5 sub-plots mentioned in the Schedule II hereunder written as if the said lease was granted by the Party No. 1 in respect of each of Sub-plots No. 1 to 5 mentioned in the Schedule II to Lessee No. 1 to 5 namely (1)
(2)
(3)
(4)
(5)
respectively for the same period & at the nominal rent of rupee one for each sub-plot on the same terms, covenants and conditions as mentioned in the said Deed of Lessee and as if the said Deed of Lease was executed by the Party No. 1 in respect each of the said sub-plots in favour of each of the said Lessees No. 1 to 5 separately in respect of the subplots allotted to each of them as aforesaid.
(2) The Lessees Nos. 1 to 5 being Parties No. 2 to the said deed of Lease hereby confirm the said Deed of Lease as if it is related to the several plots allotted to each of them separately and the said deed will be enforceable in respect of each of the sub-plots against each of the lessees to whom it is allotted under the said partition separately.
(3) The said deed of Lease will continue to subsist as valid and applicable to the area of the said Plot No
...........
which are kept (and shown on the said plan) as common areas for internal roads and passage for common use of all the Lessees and occupiers of the said sub-plots as well as open space for garden or otherwise as shown on the said plan and the Lessees No. 1 to 5 above mentioned will continue to be the Lessees of the said common areas under the said deed of Lease as hereinabove written and on the terms and convenants contained therein.
(4) It is further agreed by and between the parties that, if in future, any holder of any of the said sub-plots as the original lessee thereof or his legal representatives or his transferee/assignee commits breach of any of the terms and conditions mentioned in the original Lease dt
.........the Lease will be terminated if so intended by the Party No. 1 In respect of that sub-plot or sub-plots whose original lessee or his legal representatives or transferee/ assignee commits the breach of any of the terms and conditions of the original Lease Deed only and in such event the Lease will remain in
force for the other Lessees, of their sub-plots and in such event all the lease hold rights of the Lessee or his heirs or transferee/assignee (who commits the branch of the terms and condition of the original lease deed) of that sub-plot or sub-plots will come to end.
(5) The Stamp Duty on his document and the registration charges in respect thereof will be borne and paid by the Parties No. 2 alone.
IN WITNESS WHEREOF THE PARTIES HAVE SIGNED THIS PRESENT AGREEMENT ON THE DAY AND DATE FIRST MENTIONED ABOVE.
Schedule I
(disentitle of the leaseholder plot)
Schedule II
Plots alloted to the Lessees No. 1 to 5 are as
follows:
Sr. No. Plot No
......Area of Sub-Plot, in Sq. Mtr.
the allottee
Sub-Plot No. 1
Sub-Plot No. 2
Sub-Plot No. 3
Sub-Plot No. 4
(15)
Sub-Plot No. 5
Signed and Delivered by the Lessor above
-
named
in the presence of
Signed and Delivered by the ....
Lessees (1) ....
(2)
(3)
(4)
(5)
In the presence of