Lease of Debutter Property
This deed of lease
is made this 5th day of February 1999
between
Shree
, Deity, represented by of.........
the
shebait
(hereinafter referred to as the
lessor)
of the
one part and Messrs
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 a Deed dated
...........................
Sri
...............
dedicated,
inter alia,
his immovable property at.............................
to the
deity
absolutely and for ever and the said
is the
shebait
and
carries on the Seva Puja of the said deity and the management and
administration of the said debutter property.
And whereas
the income from debutter property became inadequate
due to inflation to carry out the Seva Puja of the said deity and maintenance
of the debutter property with the income thereof and there was urgent legal
necessity for augmentation of the existing income and it was thought fit
that a portion of building now used for residence of the
shebait
could be
leased out and the rent from the said leased out portion of debutter property
could sufficiently augment the income of the said deity.
And whereas
the said
shebait
representing the said deity made an
application to the Hon'ble High Court at Calcutta for permission to lease
out for legal necessity 3 rooms on the ground floor used as residential
quarters of the
shebait
but forming a part of the debutter property at the
Premises
.....................
and after hearing the persons interested
and after consideration of income and expenditure for the Seva Puja of the
deity and maintenance of the debutter property the Hon'ble High Court at ...............................was pleased to sanction by an Order dated...........
The
granting of lease for a period of 5 years at a time renewable every 5 years subject to a minimum monthly lease rent of Rs. 3,000 which should be
enhanced by 20% every 5 years.
And whereas the lessee
has made searches and inspected all relevant
documents, court records including the certified copy of the said Order of the Hon'ble High Court at.............
passed on.................
and has
satisfied himself with the authority and power of the
lessor
to grant the
lease of the said 3 rooms of the debutter property (hereinafter referred to as
the said
premises)
and the validity of the present Deed of Lease and agreed
to take on lease the said
premises
at a monthly rent of Rs. 3,000 to be
enhanced by 20% every 5 years for a period of 5 years in the first instance
and thereafter renewable for 5 years at a time.
And whereas
the
lessee
agrees that the
shebait
does not give any
warranty as to his power or authority to grant the said lease save and except
that the said dedication of the property to the said deity and Order of the
Hon'ble Court and that up till now there is nobody else claiming to be the
shebait
of the said deity or the Manager of the said debutter property.
Now
these presents witnesseth
and the parties hereby agree as follows:
1. In pursuance of the said Order of the Hon'ble High Court at
......................
and in consideration of the rent hereby reserved and on the terms, 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 3 rooms each measuring 120 sq. ft. situated on the groundfloor of the premises No..........................facing East having frontage on 30 ft. wide.......to hold the said premises unto the lessee for a term of 5 years with option to renew for 5 years at a time on an enhanced lease rent of 20% commencing from the date of execution of these presents
but subject to earlier determination as mentioned hereinafter.
2. The
lessor
shall pay by way of lease rent a sum of Rs. 3,000 per
month payable in advance by the 10th of each month.
3. The lessee shall deposit Rs. 3,00,000 by way of security money free of interest which security money will be refunded on the lessee giving vacant possession the said premises to the lessor.
4. The lessee shall give notice 13 months before the expiry of lease as to whether it intends to renew the lease for another 5 years.
5.
The
lessee
shall pay all present and future municipal rates,
taxes, duties and levies and other outgoings, statutory or otherwise
payable to Municipality or other authorities in respect of said leased out
premises.6. The lessee shall keep the leased-out premises in good and tenantable
repairs but shall not carry out any additions or alterations or structural
changes without the written consent of the lessor.
7. Within one month of the lessee getting possession of the said premises,
the
lessee
shall start the repairs or renovation of the said leased-out
premises and paint the outside of the entire building used by the said
shebait
including the leased-out premises.
8.
The lessee shall not use the said premises for any unlawful purpose or bring into the premises any inflammable or hazardous article, thing or goods or store them there.
9.
The lessee shall 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.10. The lessee shall not sub-lease or grant any leave or licence to any
person, firm or company or create any charge or mortgage over the said
premises without the prior written consent of the LESSOR.
11. The lessee shall make arrangements for separate Meters for water, electricity and gas as it may require at its own cost and the LESSOR would give the consent for such installation of Meters or connection for electricity or gas.
12.
If the
lessee
makes any default in payment of lease rent for two
months or commits any breach of any of the terms or conditions contained
herein the
lessor
shall have the liberty to terminate the lease and to re-
enter the said premises.
13. The
lessee
agrees and on enquiry has been satisfied that all necessary
sanctions and permissions have been obtained, all formalities have been
observed for the purposes of granting the lease and that the
lessor
shall
have no liability or responsibility as to the validity or otherwise if questioned
of the present demise.
14. The
lessee
agrees and undertakes to bear and pay the requisite stamp duty and registration charges and other legal and miscellaneous
expenses in respect of present Deed of Lease.
15. In witness whereof
the parties have executed these presents on the
day, month and year first above-written.
Signed and delivered by Sri
,
shebait
representing Sree
Sree Radha Gobinda pursuant to
Order dated
of the
Hon'ble High Court at
in presence of:
1
For Sree Sree Radha Gobinda
2
Shebait
Signed, sealed and delivered by
Mr.
pursuant
to Board Resolution dated
of Messrs. Business Ltd.
in presence of:
1
For Business Ltd.
2
Director