THIS DEED made at……………….this……………….day
of……………….20
………………between
A, son of……………….resident of……………….(hereinafter referred to as
"the
Landlord") of the ONE PART and……………….Co operative Housing Society Ltd.,
(hereinafter
referred to as "the Tenant") of the OTHER PART
WHEREAS
(1)
By a Deed of Lease made
at……………….on……………….day of……………….20……………between Shri……………….Lessor of the ONE PART
and
Shri……………….,
the Lessee, of the OTHER PART, and referred to as the Landlord herein, (which
Lease Deed has been registered with the Sub-Registrar of Assurances at……………….on
the……………….th day of……………….20……………….as Document No……………….in Book No
……………….Volume No……………….at pages No . to
and is hereinafter referred to as the said Lease Deed), the Lessor
demised unto the Lessee the land and premises described in the Schedule to the
said Lease Deed (being described in the First Schedule hereunder written) for a
period of 99 years commencing from ………………. at a yearly rent of Rs………………. on the
terms and conditions as set out in the said Lease Deed.
(2)
The Landlord has prepared a
layout of the said demised premises by dividing the same into several plots and
agreed to execute lease of various plots to the prospective purchasers.
(3)
The tenant proposes to
develop one of the Plots No. .................of the layout by constructing
buildings thereon consisting of flats and has requested the Landlord to execute
lease deed for................. years of the said Plot No
(4)
Clause……………….of the said
Lease Deed provides that the Lessee may assign, sub-lease or transfer his
rights to any other person with the prior consent of the Lessor in writing and
in pursuance of the said clause, the
Lessee, (the Landlord herein) requested the Lessor to accord consent for
executing sub-lease of the said Plot No. ................. in favour of the
tenant vide letter No . ……………….dated . ………………. which has been accorded by the
Lessor vide his letter dated……………….addressed to the Landlord herein. The copy
of both the letters, written by Landlord to the Lessor requesting for consent
to sub-lease the said plot and by the Lessor to the Landlord according his
consent thereto are annexed to this deed and marked together as Annexure 1.
(5)
The Landlord has agreed to
grant to the tenant an under-lease of the said Plot No……………….described in
Second Schedule hereunder written and delineated on the Plan hereto annexed at
Annexure 2, and thereon shown by Green colour boundary line (and forming part
of the leasehold land described in the First Schedule hereunder written)
hereinafter referred to as the demised premises on the terms and conditions
hereinafter appearing.
NOW
THIS DEED WITNESSETH AS FOLLOWS:
In
consideration of the rent hereinafter reserved and the covenants on the part of
the tenant hereinafter contained, the Landlord hereby demises unto the tenant
for the purpose of building a residential building and using the same for
residence only. All that land described in the Second Schedule hereto and
delineated on the Plan hereto annexed at Annexure 2 and thereon shown by Green
colour boundary line together with the free right of passage at all times and
for all purposes to and from the demised premises, to hold the said premises to
the tenant from the ………………. day of……………….for the term of……………….years paying
therefor during the said term the annual rent of Rs ……………….by half-yearly
payments on the……………….day of……………….and the……………….day of……………….in each year at
the office of the Landlord or at such other place as the Landlord may appoint
in this behalf, the first of such payments to be made on the……………….day
of………………. next.
The
tenant hereby covenants with the landlord as follows:
(a)
To pay, the yearly rent hereby reserved without any deduction on the days and
in manner hereinbefore mentioned.
(b)To
pay all rates, taxes, and outgoings now payable or hereafter to, become payable
in respect of the demised premises or the building constructed thereon or by
the Landlord or the tenant in respect thereof.
(c)To
keep the buildings and structures that may be erected or constructed on the
demised premises in good and tenantable
repairs.
(d)
Not to use the said demised
premises or building constructed thereon for any purpose other than for
residential purpose.
(e)
Not to assign, sub-let,
transfer or part with possession of the demised premises-or any part thereof
without the prior written consent of the Landlord.
(f)To
perform the covenants and stipulations contained in the said Lease Deed
affecting the property hereby demised, except the payment of rent and not to do
or suffer to be done anything whereby the lease granted to the Landlord may be
avoided or forfeited.
(g)
to permit the Landlord to
enter upon the demised premises during all reasonable hours for the purpose of
performing any of the covenants and stipulations on the part of the Landlord in
the said Lease Deed, which may be necessary to prevent its forfeiture.
(h)
To indemnify and keep the
Landlord indemnified against all actions, expenses, claims, demands or
proceedings on account of the breach of the said covenants and stipulations.
(2)The
Landlord hereby covenants with the tenant as follows:
(i)That
the tenant paying the rent hereby reserved and performing all the covenants
and stipulations by the teriant herein
contained shall quietly and peaceably enjoy the demised premises during the
said term without any unlawful interruption by the Landlord or any person
whatsoever.
(ii)
That the Landlord shall pay
the rent reserved in the said Lease Deed and with at all times keep the tenant
indemnified against all actions claims, demands or proceedings on account ,of
nonpayment of the said rent.,
(iii)
To produce the said Lease
Deed and deliver the copies thereof, whenever. demanded by the tenant.
(3)It
is hereby declared and agreed between the parties that whenever the rent or any
part thereof hereby reserved shall be in arrears for……………….months after due
date, or if the tenant shall fail to observe or perform any of the covenants or
stipulations on his part herein contained, it shall be lawful for the Landlord
to re-enter and take possession of the demised premises and determine this
lease without prejudice to his right to recover all arrears of rent and to take
any action against the tenant for any damage for -breach of the covenant or
stipulation.
(4)
This Deed shall be executed
in duplicat6i. The original shall be retained by the Landlord and the duplicate
by the tenant.
(5)
The stamp duty and all other
expenses in respect of this Deed and duplicate thereof shall be borne and paid
by the tenant.
(6)
The marginal notes and the
catch lines hereto are meant only for convenience of reference and shall not in
any way be taken into account in the
interpretation of these presents.
IN WITNESS WHEREOF,
the parties hereto have set their respective signatures in the presence of
witnesses on the day, month and year above written.
The
First Schedule above referred to
(Particulars
of the property leased to the Landlord)
The Second Schedule above referred to
(Particulars
of the property sub-leased to the Tenant)
Annexure
I
(Copy
of the Letters written by the Landlord to the Lessor requesting for consent to
sublease and the Lessor to the Landlord according his consent thereto).
Annexure
11 Site plan
WITNESSES
Signed
and delivered by A, the within named Landlord
Signed
and delivered by B, the within named Tenant
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