Deed of Lease (for a
Term of Years)
This Deed of Lease is
made at ..... this ..... day of ...... between A of ..... hereinafter called
'The Lessor' of the One Part and B also of ..... hereinafter called 'The
Lessee' of the Other Part.
Whereas the Lessor is
absolutely seized and possessed of or otherwise well and sufficiently entitled
to the land and premises described in the Schedule hereunder written.
And Whereas the
Lessor has agreed to grant to the Lessee a lease in respect of the said land
and premises for a term of .... years in the manner hereinafter appearing.
Now This Deed
Witnesseth as Follows:
1.
In
pursuance of the said agreement and in consideration of the rent hereby
reserved and of the terms and conditions, convenants 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 land and premises situated
at...........................and described in the Schedule hereunder written
(hereinafter for the brevity's sake referred to as 'the demised premises') to
hold the demised premises unto the Lessee (and his heirs, executors,
administrators and assigns) for a term of ....... years commencing from the 1st
day of .............., 2000, but subject to the earlier determination of this demise
as hereinafter provided and yielding and paying therefor 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 and every calendar month.
the first of such monthly ground rent shall be paid on the 5th day of .......
and the subsequent rent to be paid on or before the 5th day of every succeeding
month regularly.
2.
The
Lessee hereby for himself, his heirs, executors, administrators and assigns and
to the intent that the obligations herein contained shall continue throughout
the term hereby created covenants with the Lessor as follows:
a. To pay the ground
rent hereby reserved on the days and in the manner aforesaid clear of all
deductions. The first of such monthly rent as hereinbefore provided shall be
paid on the 5th of ....... and the subsequent rent shall be paid on the 5th day
of every succeeding month regularly and If the-ground rent is not paid on the
due dates the Lessee shall pay interest thereon at the rate of ....... % per
annum from the due date till payment, though the payment of Interest shall not
entitle the Lessee to make default in payment of rent on due dates.
b. To bear pay and
discharge the existing and future rates. taxes and assessment duties, cess,
impositions, outgoing and burdens whatsoever which may at any time or from time
to time during the term hereby created be Imposed or charged upon the demised
land and the building or structures standing thereon and on the buildings or
structures hereafter to be erected and for the time being standing on the
demised land and payable either by the owners, occupiers or tenants thereof and
to keep the Lessor and his estate and effects Indemnified against all such
payment. The annual Municipal and other taxes at present are Rs...............
c. To keep the buildings
and structures on the demised premises ,in good and tenantable repairs in the
same way as the Lessor is liable to do under the law provided that if the
Lessee so desires he shall have power to demolish any existing building or
structure without being accountable to the Lessor for the building material of
such building and structure and the Lessee shall have also power to construct
any new buildings in their place.
d. The Lessee shall be
at liberty to carry out any additions or alterations to the buildings or
structures at present existing on the demised premises or to put up any
additional structures or buildings on the demised premises In accordance with
the plans approved by the authorities at any time or from time to time during
the subsistence of the term hereby created.
e. Not to sell or
dispose of any earth, gravel or sand from the demised land and not to excavate
the same except so far as may be necessary for the execution of construction
work.
f. To use or permit to
be used the buildings and structures to be constructed on the demised premises
for any and all lawful purposes as may be permitted by the authorities from
time to time.
1.
2.
3.
The
Lessor doth hereby covenant with the Lessee that:
a. the Lessor now has in
himself good right full power and absolute authority to demise unto the Lessee
the demised premises and the buildings and structures standing thereon In the
manner herein appearing...........
b. that on the Lessee
paying the said monthly ground 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
shall and may peaceably and quietly hold, possess and enjoy the demised
premises together with the buildings and structures standing thereon during the
term hereby created without any eviction, interruption, disturbance, claim and
demand whatsoever by the Lessor or any person or persons lawfully or equitably
claiming by, from, under or in trust for him.
1.
2.
3.
4.
It
is hereby agreed and declared that these presents are granted on the express
condition that if the said monthly ground rent or any part thereof payable in
the manner hereinbefore mentioned shall be An arrears for the space of three
months after the same shall have become due and payable on any of the said days
wherein the same ought to be paid as aforesaid whether the same shall or shall
not be legally demanded or If any of the covenants and stipulations herein
contained and on the part of the Lessee to be observed and performed shall not
be so observed and performed by the Lessee or If the Lessee shall raise an
objection to the amount of the monthly ground rent hereby fixed for any reason
whatsoever then and in such event it shall be lawful for the Lessor or any
person or persons duly authorised by him in that behalf at any time hereafter
to enter into and upon the land and premises and the buildings and structures
constructed or to he constructed thereon or any part or parts thereof in the
name of the whole and the same to have, possess and enjoy and thereupon this
demise shall absolutely determine but without prejudice to the right of action
of the Lessor in respect of any breach of any of the covenants by the Lessee
herein contained PROVIDED ALWAYS that, no re-entry shall be made under the
foregoing power for breach of the covenants and stipulations herein contained
and on the part of the Lessee to be observed and performed (save and except the
covenant for payment of rent) unless and until the Lessor shall have given to
the Lessee a notice in writing specifying the covenants and conditions or
stipulations which require to be complied with or carried out and the Lessee
shall have failed to comply with or carry out the same within one month from
the date of the receipt of by such notice.
5.
And
it is hereby expressly agreed and declared between the parties as follows
a. On the expiration of
the term hereby created or earlier determination under the provisions hereof
all the buildings and structures standing on the demised land shall
automatically vest in the Lessor without payment of any compensation therefor
by the Lessor to the Lessee.
b. The Lessee shall not
be entitled, without obtaining In writing the permission of the Lessor, to
assign mortgage, sublet (except to the extent of creating monthly tenancies) or
otherwise part with possession of the demised premises or any of them or any
part thereof and the buildings and structure standing thereon though such
permission shall not be unreasonably withheld.
IN WITNESS WHEREOF
the Lessor and the Lessee have put their respective hands on the original and
duplicate hereof the day and year first herein above written.
THE SCHEDULE ABOVE
REFERRED TO
Signed and delivered
by the
withinnamed Lessor
........ in the presence of ........
Signed and delivered
by the
withinnamed Lessee
........ in the presence of ........
