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Chapter 31 - Forms-Leases

This document outlines various lease agreements between landlords and tenants, detailing the terms and conditions of leasing residential properties. Each agreement specifies the responsibilities of both parties, including rent payment, property maintenance, and restrictions on subletting or alterations. The agreements also include provisions for lease termination and the return of the property at the end of the lease term.

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0% found this document useful (0 votes)
5 views

Chapter 31 - Forms-Leases

This document outlines various lease agreements between landlords and tenants, detailing the terms and conditions of leasing residential properties. Each agreement specifies the responsibilities of both parties, including rent payment, property maintenance, and restrictions on subletting or alterations. The agreements also include provisions for lease termination and the return of the property at the end of the lease term.

Uploaded by

Mallikarjuna
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Contract for Leases

THIS AGREEMENT FOR LEASE made this …………… day of ………… 2000 BETWEEN AB
residing at …………………… (hereinafter referred to as the INTENDED LESSOR) of the one part
and CD residing at …………………… (hereinafter referred to as the INTENDED LESSEE) of the
other part.

WHEREAS the INTENDED LESSOR is seized and possessed of premises


No. ……………… described in the schedule hereunder and intends to lease out the same.

AND WHEREAS the INTENDED LESSEE has approached the said INTENDED
LESSOR for taking the said premises on lease.

NOW THESE PRESENTS WITNESSETH and the parties hereby agree as follows:

(1) The said AB will demise to CD and CD will accept a lease of the house, fully
mentioned and described in the Schedule for a term of …………… years with effect from 1999
subject to a rent of Rs. ………… per month, year and other conditions hereunder stated.

(2) The said rent shall be paid on the 15th day of every following month without any delay
or default.

(3) The lease shall contain inter alia the following covenants and conditions to be
observed and performed on the part of the lessee, namely: (a) to pay the rent on the day and in
the manner aforesaid; (b) further to pay all existing and future taxes (except the house tax), rates,
assessments and outgoings of every description for the time being payable in respect of the said
premises; and (c) to keep the premises in wind and watertight condition and good and substantial
repairs during the term of the lease and furthermore in such condition and repair to deliver up the
same on the expiration or sooner determination of the lease.

(4) The said lease also shall contain further covenants on the part of the lessee, e.g. (a)
not to carry on any offensive trade or prohibited business; (b) not to store any combustible or
explosive substance except kerosene or petrol in small quantity required for domestic
consumption in the premises; and (c) not to assign, or underlet, or part with the possession of the
premises or any portion thereof without the consent in writing of the lessor AND furthermore a
proviso for forfeiture of the lease and re-entry on the part of the lessor if and when any part of the
rent shall remain at any time in arrear for 21 days or more whether demanded or not or there
shall be a breach of any of the lessee’s conditions AND the usual qualified agreement by the
lessor for quiet enjoyment by the lessee upon regular payment of rent and performance of the
covenants and conditions of the lease.

The Schedule above referred to

IN WITNESS WHEREOF the parties hereto have executed these presents on the day,
month and year first above-written.

Signed, sealed and delivered by


AB, the INTENDED LESSOR, in the presence of:

Signed, sealed and delivered by


CD, the INTENDED LESSEE, in the presence of:
* * * * *
Deed of Lease of Dwelling-House
THIS DEED OF LEASE made the …………… day of ……………, BETWEEN AB of, etc.
(hereinafter called the LESSOR) of the one part and CD of, etc., (hereinafter called the LESSEE),
of the other part, WITNESSES, that in consideration of the rent reserved and of the lessee’s
covenants and the conditions to be observed and performed by him as hereinafter contained, the
LESSOR doeth hereby grant, convey and transfer by way of lease to the LESSEE ALL THOSE
premises, with compound, out-houses, appurtenance whatsoever, etc., bearing No.
………………… and situate at, etc.: TO HAVE AND TO HOLD the same to the LESSEE for the term
of …………… year (or years), with effect from the …………… day of …………, at a monthly rent
of Rupees ……………………, SUBJECT to the following terms and conditions:

1. The LESSEE hereby agrees with the LESSOR as follows:

(a) To pay the said rent, free and clear of all deductions, on the ………… day of
every current month in advance during the term of the lease; such payment shall be made at the
address of the lessor as aforesaid.

(b) To pay for and discharge and satisfy all rates, taxes, assessments and
impositions (except the owner’s share of the house tax) which are now or
during the said term be hereafter imposed or assessed on the said
premises, or the LESSOR or the LESSEE in respect thereof, by the
authority of Government or otherwise.

(c) At all times during the term of the lease to keep and maintain the
premises clean, tidy, healthy, wind and watertight in all seasons and
further in good and substantial repair, reasonable wear and tear and
damage by fire or storm excepted.

(d) To replace all broken fittings and fixtures by equally good or better
substitutes and not to make any structural additions or alterations to the
demised premises without the consent of the LESSOR first had and
obtained in writing.

(e) To permit the LESSOR, his servants and agents at all reasonable hours
to enter into the property to inspect the condition or to leave notice of all
defects to be repaired.

(f) At all times during the said term to use and occupy the demised property
as a private dwelling house for himself and the members of the family
and not to keep any paying guests or share accommodation with
outsiders nor to carry on or permit to be carried on any offensive or
prohibited trade or business in the said premises.

(g) Without the consent in writing of the LESSOR, not to assign or part with
his leasehold estate or interest in the said premises created under these
presents nor sublet the same or any part thereof to any person or
persons whomsoever, or make any structural addition or alteration
therein.

(h) On the expiration or earlier determination of the lease to yield and deliver
peaceful vacant possession of the premises in its entirety together with
all improvements, if any, done thereto without any claim for
compensation on that account.
2. THE LESSOR hereby agrees with the LESSEE as follows:

(a) At all times during the said term, to pay the owner’s share of house tax of
the premises whenever the same falls due and his income-tax and other
personal taxes as and when assessed.

(b) That the LESSEE, paying the rent hereby reserved and observing and
performing the conditions and covenants herein contained, shall quietly
and peaceably hold, possess and enjoy the said premises during the
said term without any interruption and disturbance by the LESSOR or
any person claiming under or in trust for him: PROVIDED, however, and it
is expressly agreed and declared by and between the parties hereto that,
in case of non-payment of rent for any month beyond 2 days or in the
event of breach of any of the conditions and covenants to be observed
and performed by the lessee, the lease may at the option of the LESSOR
stand determined when and in such an event the LESSOR shall be
entitled to re-enter into the property and re-possess the same as his
former estate without prejudice to his right to recover all arrears of rent
and any damages for breach of such conditions and covenants.

The Schedule of property


IN WITNESS WHEREOF the parties hereto have executed these presents on the day,
month and year first above-written.

Signed, sealed and delivered by AB,


the LESSOR, in the presence of:

Signed, sealed and delivered by CD,


the LESSEE, in the presence of:

* * * * *
Tenancy Agreement for Letting Furnished House

THIS TENANCY AGREEMENT IS MADE this ……………… day of ……………… 2000


BETWEEN AB residing at ……………… (hereinafter called the LANDLORD which term shall
include, unless the context otherwise requires, his heirs, successors, legal representatives and
assigns) of the one part and CD residing at ………………… (hereinafter called the TENANT) of
the other part.

WHEREAS the LANDLORD is seized and possessed of a furnished house being


premises No. …………………… described in the Schedule hereunder.

AND WHEREAS the TENANT has approached to take on rent the said furnished house
to which the LANDLORD has agreed.

NOW THESE PRESENTS WITNESSETH and the parties hereby agree as follows:

The LANDLORD agrees to let and the tenant agrees to take all that furnished house with
fittings, fixtures and appurtenances together with the furniture and effects more fully described in
the schedule hereto for the term of 5 years to be computed from the ……………… day of
…………… 1999 at the rent of Rs. 3,000 for the premises and Rs. 2,000 for the furniture per
month respectively such rents to be payable by the 10th day of every following month.

(1) The TENANT agrees to pay the rents regularly and punctually without the least delay
or single default.

(2) TheTENANT shall at all times during the continuance of the tenancy keep and
maintain the house with all fittings, fixtures and furniture clean, tidy and healthy, free from moth
and dust and insured against whiteants, paint all wood works once in every three years and
whitewash and colour wash the walls once in every two years.

(3) The TENANT shall keep all the furniture duly insured against fire, theft and other risks
and replace all damaged, broken and worn-out parts of the furniture and fittings including sanitary
fittings by equally good or better substitutes.

(4) The TENANT shall pay all rates, taxes and impositions which are now or during the
said term be hereafter imposed or assessed on the said premises by the Government, Municipal
Corporation or any other authority.

(5) To permit the LANDLORD his servants and Agents at all reasonable hours to enter
into the property, inspect the condition or to leave notice of all defects to be repaired.

(6) The TENANT shall during the said term use and occupy the said premises as a
private dwelling house for himself and the members of the family and not to keep any paying
guest or share accommodation with outsiders and licensee or otherwise, not to carry on, or permit
to be carried on any business or to store any inflammable or explosive articles or thing in the said
premises.

(7) Without the consent in writing of the LANDLORD the tenant shall not sublet or assign
or part with possession of the said premises.

(8) The TENANT shall on the expiry or earlier determination of the lease yield and deliver
to the LANDLORD peaceful and vacant possession of the premises in its entirety.

(9) Without the consent in writing of the LANDLORD the TENANT shall not assign or part
with the tenanted premises or sub-let the same or give any licence to anybody to occupy the
tenanted premises or any part thereof or make any structural additions or alterations therein.

(10) On the determination of the tenancy the TENANT shall give to the LANDLORD
peaceful vacant possession of the tenanted premises.

The Schedule above referred to

IN WITNESS WHEREOF the parties hereto have executed these presents on the day,
month and year first above-written.

Signed and delivered by the said AB


the LANDLORD in the presence of:

Signed and delivered by the said CD


the TENANT in the presence of:

* * * * *
Deed of Sub-Lease

THIS DEED OF SUB-LEASE is made this ……………… day of …………… 2000 BETWEEN AB
son of …………… residing at …………… (hereinafter called the SUB-LESSOR which term shall
include his heirs, successors and assigns) of the one part and CD son of …………… residing at
………………… (hereinafter referred to as the SUB-LESSEE which term shall unless inconsistent
with the context include his heirs, successors and assigns) of the other part.

WHEREAS by a lease (hereinafter referred to as “the ORIGINAL LEASE) dated


…………… the day of ………… and made between XY as owner and AB as lessee and
registered in Book I, Vol. …………… pages …………… to ………… being No. ………… for the
year ………… in the Office of the Sub-Registrar of ………… etc., the premises (or, etc.)
described in the ORIGINAL LEASE were demised to the said original lessee for a period of
………… years with effect from the ………… day of …………… on a yearly rent and subject to
the covenants and conditions to be performed and observed as therein contained AND WHEREAS
the original lessee has agreed to grant and the SUB-LESSEE has agreed to accept a sub-lease
of the premises (or, etc.) hereinafter described upon the conditions hereinafter contained.
NOW THIS DEED WITNESSES that in consideration of the rent hereinafter reserved and the
covenants by the sub-lessee hereinafter contained, ORIGINAL LESSEE doeth hereby grant to
the SUB-LESSEE a lease of ALL THAT premises (or, etc.) known by the name of, etc., and situate
at, etc., together with the appurtenances: TO HOLD the same unto and to use of the SUB-
LESSEE for the period of ……… years, commencing with effect from the ……… day of ………, at
the monthly rent of Rupees ……………, SUBJECT to the following conditions:

1. The SUB-LESSEE hereby agrees with and covenants with its lessor, viz. the lessee as
follows:

(a) To pay the said rent, clear of all deductions, on the …… day of ……
every current month in advance during the term of the lease.

(b) To pay all taxes and outgoings now payable or hereafter to become
payable in respect of the leased premises (or, etc.).

(c) To keep the said premises (or, etc.) in good and tenantable repair, and
not to make any alteration therein without the written consent of the
landlord.

(d) To perform all the covenants, conditions and stipulations contained in the
ORIGINAL LEASE affecting the property hereby leased and to be
observed and performed by the original lessee except payment of rent
and not to do, execute or perform any act, deed or thing or suffer
anything to the contrary whereby or by reason or means whereof the
ORIGINAL LEASE may be avoided or forfeited and to allow the
ORIGINAL LESSEE to enter upon the leased premises (or, etc.) for the
purpose of inspection of the premises and performing any of such terms
of agreement contained in the original lease, which may be necessary to
prevent its forfeiture.

(e) To keep the ORIGINAL LESSEE indemnified against all actions, claims,
demands and expenses on account of performance or non-performance
by the sub-lessee (of any of the terms, conditions and stipulations of this
agreement).

2. The ORIGINAL LESSEE does agree and covenant with the SUB-LESSEE as follows:
(a) That upon the SUB-LESSEE paying the rent hereby reserved and
observing and performing the conditions and covenants herein
contained, shall, quietly and peaceably, possess and enjoy the property,
hereby leased during the said term without any interruption and
disturbance by the original lessee or any person claiming under or in
trust for him, provided that in case of any breach of any of the conditions
and covenants to be observed and performed by the sub-lessee the
lease shall at the option of the original lessee stand determined who shall
be entitled to repossess the property as his former estate without
prejudice to his right to recover all arrears of rent and/or any damages for
breach of such conditions or covenants.

(b) The ORIGINAL LEASE shall duly and punctually pay the rent reserved,
observe and perform all the covenants and conditions contained in the
ORIGINAL LEASE, and keep the same alive and in full force and virtue
and further will at all times keep the sub-lessee and his estate
indemnified against all actions, claims, proceedings and demands on
account of any breach of any of the conditions and covenants contained
in the ORIGINAL LEASE.

(c) The ORIGINAL LESSEE acknowledges the right of the sub-lessee as to


production of the ORIGINAL LEASE and to delivery of copies thereof and
undertakes for the safe custody thereof.

3. It is further agreed that the terms the ORIGINAL LESSEE and SUB-LESSEE used
herein shall, unless inconsistent with the context, include as well their respective successors and
assigns.

The Schedule above referred to

IN WITNESS WHEREOF the parties hereto have executed these presents on the day,
month and year first above-written.

Signed, sealed and delivered by AB,


the SUB-LESSOR in the presence of:

Signed, sealed and delivered by CD,


the SUB-LESSEE in the presence of:

* * * * *
Deed of Lease

(LONG FORM)

THIS DEED OF LEASE is made this …………… day of …………… 2000 BETWEEN AB and MN
residing at …………… (hereinafter called the LESSORS which term shall include their heirs,
successors, executors, administrators and assign) of the one part and CD residing at
……………… (hereinafter called the LESSEE which term shall include his successors, heirs,
administrators and executors) of the second part.

WHEREAS the LESSORS are the exclusive owners of …………… an estate comprising
land measuring ………… known as ………… and bounded as follows:
East ……………………..

West …………………….

North ……………………

South ……………………

AND WHEREAS the LESSEE has agreed to take a lease of the said land from the
LESSORS for a period of …………… years upon terms and conditions hereinafter mentioned and
has further undertaken to build a cinema hall to be named as …………………… according to the
plan annexed hereto and to the specifications attached therewith.

Now this lease witnesseth as follows:

1. In consideration of a monthly rent of Rs. …………… and the LESSEE’s covenants


hereinafter mentioned and contained the LESSORS hereby demise and lease unto the LESSEE
and the LESSEE hereby takes on rent the plot of land measuring ………………… or thereabout
and comprised in …………… for a period of …………… years from the date hereof.

2. Immediately on the execution of these presents or as soon thereafter as possible, the


LESSEE shall commence and complete with all possible expedition a suitable building or
buildings and other structures on the land hereby demised according to and in conformity with the
map or plans hereto annexed which have already been sanctioned by the Municipal Committee of
…………… so that such buildings and structures are completed and are ready for use for the
purposes hereinafter mentioned within a period of one year from the date hereof. It is hereby
declared that such buildings and structures shall at all times remain the property of the LESSEE
during the term of the tenancy hereby created but immediately on the expiry of such term or on
sooner determination thereof and in any event on the expiry of …………… years from the date
hereof the same shall vest in and become the absolute property of the LESSORS who shall then
be entitled to enter upon and to take possession of the same and shall in the meantime have and
possess a vested interest therein, it being agreed that during the continuance of the tenancy
hereby created the LESSEE shall not sell or mortgage or otherwise alienate the buildings and/or
the structures or the materials thereof.

3. All taxes which are now payable by the LESSORS, such as land revenue, property tax
as well as all insurance premia on the buildings to be constructed on the land hereby demised,
shall be paid by the LESSORS but all other taxes which may hereafter be levied by any authority
whatsoever as payable in respect of the said land or buildings thereon by the LESSORS or by the
lessee or the occupier thereof shall be paid by the lessee.

4. The rent payable hereunder shall be paid in advance every month by the LESSEE to
the LESSORS on or before the 10th day of each calendar month and the receipt of any one of the
lessors shall be a complete discharge in respect of the same on behalf of all the LESSORS.

5. If default is made in the payment of the rent for any three months, then on each such
default it shall be lawful for the LESSORS, in addition to or in the alternative to any other remedy
that may be available to them at their discretion, to eject the lessee from the land hereby demised
and from the buildings and structures that may have been erected thereon and to take
possession thereof as full and absolute owner thereof provided that a notice in writing shall be
given by the LESSORS to the LESSEE of their intention to take possession of the same but if the
arrears of the rent are paid within seven days from the service of such notice then the LESSORS
shall not be entitled to take possession of the said land and buildings.

PROVIDED FURTHER THAT if the LESSORS nevertheless exercise their right to take
possession of the said land and buildings as provided herein then the LESSEE shall not be liable
to pay to the LESSORS the full rent hereby agreed to be paid for the whole of the remaining term
of the tenancy hereby granted, subject, however, to the right of the LESSEE to claim refund of the
rent, if any, that the LESSOR may recover during such remaining term from the LESSEE.

6. The LESSORS shall whitewash the buildings erected on the said land once every year
and shall renew the oil-painting thereof every three years and in the event of their failure to do so
the LESSEE shall be entitled to do the same after a week’s notice in writing to the LESSORS of
his intention to do so and to deduct the expenses incurred by him in that behalf from the rent
hereunder payable by him to the LESSORS.

7. The LESSORS (the LESSEE) shall insure and shall at all times during the continuance
of this lease keep insured all the buildings that may be erected on the said demised land against
loss or damages by fire with an insurance company approved in writing by the LESSEE (the
LESSORS) for an amount which shall not be less than Rs. …………………… unless otherwise
agreed to in writing between the parties.

8. In the event of loss by fire of the aforesaid buildings or part thereof, the insurance
money received from the insurance company shall be applied in rebuilding or restoring the
buildings as in their previous condition unless otherwise agreed to in writing between the
LESSORS and the LESSEE and till the completion of such rebuilding or restoration, the rent
hereby agreed or a proportionate part thereof shall remain suspended unless the fire was
intentionally or wilfully caused by the LESSEE or his servants or agent and the period of the lease
hereby granted shall be extended by the time occupied in such rebuilding or restoration. In the
event of the insurance company refusing to pay the claim arising out of the loss aforesaid on the
ground that the fire was intentionally or wilfully caused by the LESSEE or his servants or agent,
the LESSEE shall be liable for and compensate the LESSORS on account of the loss or damage
caused to the said buildings.

9. The LESSEE will be liable to keep the building or buildings and the structures erected
on the said demised land in a good state of repair and wind and watertight condition and shall
repair any damage or injury caused thereto except such damage as may be caused by ordinary
and reasonable wear and tear.

10. The LESSEE shall permit the LESSORS or their duly authorised agent or
agents to enter the premises at all convenient times for periodical ins-pection of the same except
when any show or function is being held therein.

11. The LESSEE shall not, except with the permission of the LESSORS in writing first
had and obtained, use the premises for any purpose other than the following, namely, the
exhibition of motion pictures, theatrical performances, concerts, public lectures, skating-rinks,
refreshment rooms and other purposes subsidiary or connected therewith. In case of a breach of
this condition the tenancy shall be deemed to have been terminated with all the consequences
hereinbefore mentioned.

12. Subject to fulfilment of the terms and conditions of these presents, the LESSEE will
have the option to extend the lease of the said land and buildings and structures erected thereon
for a further period of 10 years on the expiry of the lease hereby granted provided he gives a
notice to the effect in writing by registered post to the LESSORS of his intention to do so at least
three calendar months before the termination of the present lease.

PROVIDED ALSO THAT with such notice the LESSEE shall deposit with the LESSORS
the sum of Rs. ……………… as security for the regular payment by him of the rent during such
extended term as hereinafter mentioned and for the due performance of the terms of the tenancy.

Provided further that the rent payable by the LESSEE to the LESSORS during the
extended term of the lease shall be Rs. …………… per month which will include the rent of the
land hereby demised as well as of the buildings constructed thereon which, on the expiry of the
tenancy created hereby, shall vest in and be the absolute property of the LESSORS as
hereinbefore mentioned. After the expiry of the said fresh term of 10 years the LESSEE shall not
be entitled to exercise a further option of renewal of the tenancy and shall hand over and deliver
the land and the buildings and structures to the LESSORS in a good condition as hereinbefore
provided.

13. The LESSEE shall be entitled to proceed with the construction of the buildings and/or
structures on the land hereby demised immediately after the registration hereof and the
LESSORS shall allow the LESSEE all facilities in that behalf and on their failure to do so pay to
the LESSEE compensation at the rate of Rs. 25 (Rupees twenty-five only) per day for such period
as the LESSEE is unable to commence the construction owing to the fault of the LESSOR.

14. The LESSEE has deposited a sum of Rs. ……………… with the LESSORS as
security for the due performance of the conditions hereof; this amount the LESSORS shall return
without interest to the LESSEE on the termination of the tenancy created hereby subject,
however, to any lawful deductions that they may be entitled to make hereunder.

IN WITNESS WHEREOF the said LESSORS and the said LESSEE have put their respective
signatures hereunder the day, month and year first above-written.

Schedule of the property

1. WITNESSES: Signature of LESSORS

1.

2. WITNESSES:

2.

Signature of LESSEE

* * * * *
Lease of a Calcutta Property
(Proper changes may be made in the provisions in
view of special Tenancy Laws in the State)

THIS DEED OF LEASE is made this ……………… day of ……………… 2000 BETWEEN AB
residing at ……………… (hereinafter referred to as the LANDLORD which term shall unless
excluded by or repugnant to the context include his heirs, successors, representatives, executors,
administrators, and assigns) of the one part and CD residing at ……………… (hereinafter
referred to as the TENANT which expression shall unless excluded by or repugnant to the context
include his heirs, successors, representatives, executors, administrators and assigns) of the other
part.

WITNESSETH that the LANDLORD doeth hereby demise unto the TENANT all that
premises together with the yards, compounds, buildings and ground held therewith and
appurtenance TO HOLD the said premises unto the TENANT for the term of ………… years from
the …………… day of …………… 1999 yielding therefor during the said term a monthly rent of
Rupees ……………… clear of all deductions, by equal monthly payments on the …………… date
of each and every current month the first of such payments to be made on the ……………… day
of ………… next and the last of such payment to be made in advance on the ………… day of
………… 2015 and the TENANT doth hereby covenant with the LANDLORD that he the TENANT
during the said term will pay the monthly rent hereinbefore reserved on the day and in the manner
aforesaid and will pay all rates, taxes and outgoings now payable or hereafter to become
payable, by the TENANT or occupiers in respect of the said premises and will, during the said
term, keep the interior of the said premises in good and TENANTable condition and will comply
with all the requisitions of the municipality and will do, execute and perform at his own expense
and cost all petty repairs that from time to time may be required or necessary to be done to the
said premises and will make no alteration in the said premises except such as the LANDLORD
shall previously approve of in writing and not at any time during the said term carry on or permit to
be carried on or committed on the said premises any offensive business or occupation or
nuisance and will use the same as a private dwelling-house or as an office and business
premises only and at the expiration or sooner determination of the said term will peaceably and
quietly yield up possession of the said premises to the said LANDLORD in as good a condition as
the same now are and will not assign or underlet the said premises or any part thereof without the
previous written consent of the LANDLORD nor keep any heavy articles on the roofs or the upper
floors of the said premises, nor keep in or upon any part of the said premises any combustible or
injurious articles such as gunpowder, dynamite, saltpetre, jute, cotton, spirit, sulphur, acid, hides
or the other articles likely to injure the said premises or any part thereof nor remove any fixture
now existing or that may hereafter be put up in the said premises nor do or commit or cause to be
done or committed any act, matter or thing to the prejudice or injury of the premises, and will
repair and restore at the TENANTs’ own cost and expense any damage or injury the said
premises may thereby sustain during the said term and also it shall be lawful for the LANDLORD
his heirs, executors, administrators and assigns or his agents from time to time and upon
reasonable notice with or without workmen and others to enter the said premises to view the state
of repair and condition of the same and of all defects and want of repair then and there found and
which the TENANT shall be liable to make good under the covenants hereinbefore contained to
give or leave notice in writing to the TENANT and that the TENANT will within the period of one
month after such notice or sooner carry out the requisite repair and make good the same
according to such notice and the covenant in that behalf hereinbefore contained.

PROVIDED ALWAYS THAT if at any time any one or more of the said monthly rents or
any part thereof shall remain unpaid for 21 days after the dates whereon they respectively are
made payable as aforesaid whether the same shall have been legally demanded or not or in case
the TENANT shall apply for or be adjudged an insolvent or bankrupt or enter into a composition
with his creditors or in case of breach of the covenants or conditions by the TENANT herein
contained and on his part to be observed and performed, it shall or may be lawful for the
LANDLORD to re-enter, possess and enjoy the said premises and immediately thereupon the
said term shall absolutely determine, provided always that if the TENANT during the said term
without the previous consent in writing of the LANDLORD shall vacate the said premises it shall
be lawful for the LANDLORD to take possession of the said premises for their protection without
in any manner prejudicing this demise or the rights of the LANDLORD thereunder and without
subjecting him to any action for trespass or otherwise howsoever and it shall be lawful for the
LANDLORD to relet the said premises at any rent that he may reasonably obtain for the same
and if such rent should fall short of the rent hereby reserved, the TENANT shall pay the difference
without any objection whatsoever and the LANDLORD hereby covenants with the said TENANT
and the TENANT performing and observing all the covenants and conditions by the TENANT
herein contained may quietly hold and enjoy the said premises during the said term without any
interruption by the LANDLORD or any person claiming through him and that he the LANDLORD
will pay or cause to be paid all rates, taxes and outgoings now payable, or hereafter to become
payable by the owner of the said premises and will keep the said premises wind and watertight
and remove and change all beams and burgahs that may, during the said term, become decayed
and require to be changed. And in case the property be taken up under the Land Acquisition Act
or be destroyed by earthquake or other natural cause, the lease shall determine.
The Schedule

IN WITNESS WHEREOF the parties herein executed these presents on the day, month
and year first above-written.

Signed, sealed and delivered by AB,


the LANDLORD in the presence of:

Signed, sealed and delivered by CD,


the TENANT in the presence of:

* * * * *
Deed of Lease of Land with
Forfeiture Clause and Covenant for Renewal
THIS DEED OF LEASE is made on this ………………… day of ……………… 2000 BETWEEN
AB son of ………………… residing at ………………) hereinafter referred to as the LESSOR
which term shall unless the context otherwise requires include his heirs, successors, executors,
administrators and assigns) of the one part and CD son of ……………… residing at ……………
(hereinafter called the LESSEE which term shall unless excluded by or repugnant to the context
include his heirs, representatives, executors, administrators and assigns) of the other
part

WHEREAS the LESSOR is seized and possessed of premises described in the Schedule
hereunder and has good rightful power and absolute authority to grant a lease of the scheduled
premises in the manner hereunder mentioned.

NOW THIS DEED WITNESSETH and the parties hereto agree as follows:

1. In consideration of the rent hereinafter reserved and the covenants and conditions
hereinafter contained to be observed and performed on the part of the LESSEE the LESSOR
does hereby grant, transfer, demise by way of lease to the LESSEE all that piece or parcel or
parcels of land described in the schedule below TO HAVE AND TO HOLD the same unto and to
the use of the LESSEE for the term of ………… years commencing from the ……………… day of
……………… 1999 at the annual rent of Rupees ………………

2. The LESSOR hereby covenants with the LESSEE as follows:

(a) The LESSOR shall put the LESSEE in possession of the said land on the
said …………… day of ………… 2000.

(b) Upon the LESSEE paying the rent hereby and hereunder reserved and
observing and performing the covenants and conditions, herein
contained the LESSEE shall quietly and peaceably hold, possess and
enjoy the said land during the said term without any claim, interruption or
disturbance by the LESSOR or any person claiming under or in trust for
him.

3. The LESSEE hereby covenants with the lessor as follows:

(a) The LESSEE shall pay the said rent without abatement or deductions on
or before the ……………… day of ……………, every year and the first of
such payments shall be made on the ………… day of ………… 2000.
(b) The LESSEE shall bear and pay all rates, taxes and other assessments
and outgoings which are now or may hereafter be imposed or assessed
on the said land except those which are payable in law by the LESSOR.

(c) The LESSEE shall not use and occupy the said land for any purpose
other than private residence for himself and the members of his family by
construction of temporary structures according to the plan approved by
the Municipal Authority.

(d) The LESSEE shall not, except with the consent in writing of
the LESSOR first had and obtained assign, underlet or part
with the possession of the said land or any portion thereof or of the
structures to be constructed thereon or any portion thereof which consent
the LESSOR may at his absolute discretion withhold.

(e) That if the LESSEE shall pay the rent punctually and regularly and duly
observe and perform the conditions and covenants herein contained and
apply in writing to the landlord not less than …………… months prior to
the expiration of the term herein reserved for renewal of the lease, the
LESSOR shall then and in such an event grant to the lessee a new lease
of the said land for a further period of ………… years on the same terms
and conditions as are herein contained except the covenant for renewal
and subject to such variations as may be mutually agreed.

(f) On the determination of the lease, the lessee shall deliver peaceful
vacant possession of the land hereby demised as also the structures to
be erected by the LESSEE without claiming any compensation or value
thereof.

The Schedule above referred to

IN WITNESS WHEREOF the parties herein have signed and executed these presents on
the day, month and year first above-written.

Signed, sealed and delivered by


AB the LESSOR in the presence of:

Signed, sealed and delivered by


CD the LESSEE in the presence of:

* * * * *

Deed of Surrender of Lease

THIS DEED OF SURRENDER OF LEASE is made this ……… day of ……… 2000 BETWEEN
AB son of ……………… residing at …………………… (hereinafter called the LESSEE) of the one
part and CD son of ……………… residing at …………… (hereinafter called the LESSOR) of the
other part.
WHEREAS by an indenture dated ………… made between the parties hereto and
registered in …………… it was witnessed that the said CD, did in consideration of the rent
thereby and thereunder reserved and of the covenants and conditions to be observed and
performed on the part of the said AB as therein contained granted and demised by way of LEASE
the property fully mentioned and described in the schedule hereto for a term of …………… years

AND WHEREAS such LEASE is in full force and virtue and all rents and conditions
reserved by and contained thereunder on the part of the lessee to be paid, observed and
performed, have been duly paid, observed and performed by the said AB up to the date of these
presents AND WHEREAS the LESSEE was at all material times and is presently in possession of
the property since the execution of the lease. AND WHEREAS for personal reasons and
consideration the said AB having desired to be relieved from any further payment of such rent
and performance of the covenants and conditions approached the said CD for a surrender of the
said LEASE and delivery of the possession of the property AND WHEREAS the said CD has
agreed to accept from the said AB a surrender of the aforesaid LEASE of the said premises: NOW
THIS DEED WITNESSES that in pursuance of the said agreement and in consideration of a sum of
Rs. …………… being the token consideration paid by the said CD to AB, the said AB as
beneficial user of the said property do hereby give up and relinquish all his LEASE-hold estate
and interest in and surrender and deliver possession to the said CD of the premises (or, etc.)
comprised in and by the said deed of lease TO HOLD the same as before execution of the lease
by the said CD TO THE INTENT and object that the same shall stand determined to all intents
and purposes and that the residue of the said term of …………… years created by the said deed
of lease, and all other rights and interests of the said AB in the said premises (or, etc.) under or
by virtue of the said deed shall stand extinguished and merged in the reversion freehold and
inheritance of the premises with immediate effect as if the said lease was never granted nor
intended.

AND THIS INDENTURE further witnesses that in consideration of the surrender of the
LEASE which is accepted by the LESSOR he the said CD doeth hereby realese and discharge
the lessee AB, his successor and estate from all claims, demands and liabilities on account of
future rent and/or arising out of performance or non-performance of the covenants, conditions
provided under the hereinbefore recited Indenture of lease.

The Schedule

IN WITNESS WHEREOF the parties hereto have executed these presents on the day,
month and year first above-written.

Signed, sealed and delivered by


CD the LESSEE in the presence of:

Signed, sealed and delivered by


AB the LESSOR in the presence of:

* * * * *

Deed Altering Conditions in a Lease


THIS DEED OF MODIFICATION of lease is made this ……………… day of …………… 2001
BETWEEN AB son of ……………… residing at ……………… (hereinafter called the LESSOR) of
the one part and CD son of ………………… residing at …………… (hereinafter called the
LESSEE) of the other part.
WHEREAS by a lease (hereinafter called the PRINCIPAL DEED) dated the ………… day
of ………… and made between the parties hereto and registered at …………… Registration
office in Book No. …………… Volume
No. …………… pages ………… to ………… Being No. ………… for the year ………… the said
AB granted and demised to CD the house (or, etc.) situate at, etc. AND WHEREAS the parties
hereto have agreed to alter and modify the terms and conditions of the principal deed in the
following manner:
NOW THIS DEED WITNESSES as follows:

1. Sub-clause (e) of clause 2 (or, etc.) of the principal deed shall be omitted and shall
cease to have any effect.

2. Sub-clause (e) of clause 3 of the principal deed shall be substituted by the following
clause:

That if the LESSEE shall pay the rent punctually and regularly and duly complied with
and performed the conditions and covenants herein contained for renewal of the lease agreeing
to pay 20% enhanced rent, the LESSOR shall then and in such an event grant to the LESSEE a
new LEASE of the said premises for a further period of 5 years on the same terms and conditions
as are contained in the Principal Agreement except the covenant for renewal and subject to
variation as may be mutually agreed.

3. That as altered and modified as aforesaid the PRINCIPAL DEED shall remain in full
force and effect.

IN WITNESS WHEREOF the parties hereto have executed these presents on the day,
month and year first above-written.

Signed, sealed and delivered by


AB the LESSOR in the presence of:

Signed, sealed and delivered by


CD the LESSEE in the presence of:

* * * * *
Tenancy Agreement of a Flat for a Fixed Period
From …………………………………

To …………………………………

Re: Tenancy of ……………


in the ………………....

This is to place on record that at my request you have allowed me the use and
occupation of the above flat on the 7th floor of the above premises No. ………… consisting of one
bed room, bath, kitchen, balcony, dining space etc. with right of ingress thereto and case and the
facilities of the lift services with effect from ……………… with all care, maintenance and services
thereof until ………… day of ………… on inter alia the following terms:

(1) I shall pay you a sum of Rs. ……………… as rent or occupation charges inclusive of
proportionate taxes payable to CORPORATION OF CALCUTTA on that account and such
payment shall always be made in advance on or before the 7th of every current month without
any delay or default under any circumstances. I shall keep with you a sum of Rs. …………………
as security to be adjusted and/or paid at the end of my tenancy under you.

(2) I shall keep and maintain the flat with all its fittings and fixtures clean and tidy free
from dust, moth, white ants and rust and paint the wooden works and inside walls whenever
necessary, if so desired, during the period of my stay there at my costs for which I shall have no
claim nor any right of re-imbursement or set-off against rent against you under any
circumstances. I shall replace all broken parts, if any, by equally good or better substitutes
whenever necessary.

(3) I shall not make any construction or constructions nor addition or additions or
alterations thereto except inside removable wooden partitions by way of adjustments without your
prior consent in writing which are all to be removed by me at the termination or earlier
determination of my tenancy at my own cost and expenses without causing any mischief or
damage to the buildings, such consent may be refused at your absolute discretion.

(4) I shall use and occupy the flat exclusively as my residence with the members of my
family and shall never sublet the same or any portion thereof without your prior consent in writing
nor share accommodation with any other person or persons nor keep any paying guests or use
the same as a boarding or lodging house or for the purpose of any business nor store any
combustible or inflammable goods except kerosene oil in small quantity for domestic consumption
nor carry any illegal or prohibited trade.

(5) I shall leave and vacate the flat on expiry of my contractual period of tenancy as
aforesaid or earlier determination thereof as hereunder provided and deliver peaceful and vacant
possession thereof to you in good condition and order and in case of any delay or default on my
part I shall be liable to pay you damages for wrongful use and occupation thereof at the rate of
Rs. 100 per day. I shall also leave and vacate the flat whenever required by you for your own use
and occupation.

(6) In the event I fail and/or neglect to pay the rent for any two months whether
demanded or not, or violate any of the terms hereunder provided or in law, commit any nuisance
or annoyance to you or other occupiers of the property, you will be entitled to terminate my
tenancy earlier upon a fortnight’s notice notwithstanding the fact that the contractual period has
not then expired when I shall leave and vacate the said flat and deliver the peaceful vacant
possession to you with all improvements or constructions if any made therein with your approval
and without any claim on that account.

(7) I shall pay all bills for electricity consumed by me and also telephone charges, if any,
subscribed by me in the said flat, I agree and accept.

Dated ……………… Yours faithfully

* * * * *
Lease of Debuttar Property
THIS DEED OF LEASE is made this ……………… day of ………… 2000 BETWEEN SHREE
SHREE ISHWARJI, consecrated and established at premises No. ……………… Calcutta
(hereinafter referred to as the DEITY) of the first part and AB son of ……………… by religion
Hindu, by occupation priest, residing at …………… (hereinafter referred to as the SHEBAIT the
LESSOR which expression shall where the subject or context allows or admits of be deemed to
include his successors in office) of the second part and CD, son of ………………, residing at
……………, by religion Hindu, by occupation priest, residing at …………… (hereinafter referred to
as the LESSEE which term shall where the subject or context allows or admits of include his
heirs, executors, administrators, representatives and assigns) of the third part.

WHEREAS the party of the second part is at present SHEBAIT of the deity and so is fully
in charge of management and administration of the estate of the deity which consist of inter alia
property mentioned and described in SCHEDULE “A”. AND WHEREAS the temple that is place
of the said deity which is now lying in a most dilapidated condition for want of necessary repairs
and maintenance for a long time AND WHEREAS the income of the estate of the deity that is the
rent which is collected from other properties belonging to deity is hardly a sum of Rs. ……………
per month is Rs. ……………… per year out of which the following disbursements are to be made,
viz.

(a) Amount paid to the priest for performance for daily seva and puja of the
deity at the rate of Rs. …………………… per month Rs. …………… per
year.

(b) Amount paid to the milkman for supply of milk to the deity at the rate of
Rs. …………… per month that is Rs. …………… for the year.

(c) Amount paid to the maid-servant for the cleaning of the temple of the
deity and utensils Rs. …… per month that is Rs. …… per year.

(d) Amount paid as costs of fruit and sweets of the deity every day Rs.
………………… per month that is Rs. ………… per year.

(e) Amount spent for kerosene oil for one Harricane lamp kept burning at
night at the temple of the deity Rs. ………… per month, i.e. Rs.
…………… per year.

(f) Miscellaneous and contingent expenses Rs. …………… per year.

(g) Taxes payable to the Municipality per quarter Rs. …………… per year.

Total: ………………………….

AND WHEREAS in the circumstances there is no such surplus fund for the maintenance
and repair of the temple and for essential services to the deity AND WHEREAS the said temple
which is out of repair for a long time is liable to collapse before the ensuing monsoon unless
urgent repairs are immediately executed the costs whereof are estimated at sum of Rs.
……………

AND WHEREAS THE ESTATE of the DEITY have no funds or other resources or income
to carry out the repairs to the estate of the DEITY the party of the second part contracted to grant
a lease or demise the scheduled properties which is not yielding income on terms hereunder
contained.

AND WHEREAS the party of the third part has offered to pay Rs. ………………… per
month for leasing out the scheduled property and which offer is the highest among others
received after advertisement in newspapers on two occasions AND WHEREAS the said LESSEE
is also satisfied about the bona fides of such demise and has agreed to accept the same NOW
THIS INDENTURE WITNESSES THAT in consideration of the sum of Rs. ………………… to be paid to
the party of the first part as premium immediately on execution of these presents and a further
sum of Rs. ………… to be paid per month on account of rent and the covenants and conditions to
be observed and performed on the part of the LESSEE and in the circumstances aforesaid and
for legal necessities and justifying causes the party of the second part as SHEBAIT for and
representing the DEITY and as such as LESSOR and in exercises of all powers authorities and
liberties vested in him as such SHEBAIT doeth hereby and hereunder grant transfer demise and
assure as and by way of lease unto and to the use of the party of the third part the property fully
mentioned and described in SCHEDULE “A” TO HAVE AND TO HOLD the same on lease for a term
of ……………… years as hereunder contained, i.e. until …………… day of …………… 2010 AND
THAT the LESSEE doeth covenant and agree with the LESSOR as follows:

(a) To pay the said rent and all enhancements thereof from time to time free
and clear of all deductions, on the …………… day of every current month
in advance during the term of the lease; such payment shall be made at
the address of the LESSOR as aforesaid.
Such rent shall be increased progressively every year at the rate of
…………… per cent of the last year’s rent.

(b) To pay for and discharge and satisfy all Municipal rates, taxes,
assessments and imposition (except the owner’s share of the house tax)
which are now or during the said term and other liabilities and outgoings
as may be hereafter imposed or assessed on the said premises, or on
the lessee in respect thereof, by any public or statutory body or authority
and keep the LESSOR indemnified against all loss damages etc.
suffered or costs charges and expenses incurred on that account.

(c) At all times during the term of the lease to keep and maintain the
premises clean, tidy, healthy, free from moth and white ants, wind and
water-tight in all seasons and further in good and substantial repair,
reasonable wear and tear and damage by fire or storm excepted.

(d) To construct a building on the demised property at a cost not below Rs.
……………… according to the sanctioned plan of the authorities within a
period of two years from date hereof which will vest in and be the
property of the deity on termination or earlier determination of the lease
hereunder created without any claim by lessee on that account.

(e) To pay a sum equivalent to 20% of the amount of rent in case the
building when constructed is let out to tenants or of the estimated rent if
the building is used and occupied by the LESSEE as royalty every
month. Such payment shall be made along with the rent every month.

(f) To replace all broken fittings and fixtures by equally good or better
substitutes and not to make any structural additions or alterations to the
demised premises without the consent of the LESSOR first had and
obtained in writing except interior alterations by way of adjustments.

(g) To permit the LESSOR, his servants and agents at all reasonable hours
to enter into the property to inspect the condition or to leave notice of all
defects to be repaired which will be executed within a fortnight thereafter.

(h) At all times during the said term to use and occupy the demised property
as office premises or commercial or residential dwelling house for himself
and the members of his family and the tenants and not to keep any
paying guests or share accommodation with outsiders and not to carry
on nor allow nor permit others to carry on any trade or business or
publicity thereof in the said premises nor use nor permit others to use the
same or any part thereof for any illegal purpose.

(i) Without the consent in writing of the LESSOR, not to create any
sublease nor assign or part with his leasehold estate or interest in the
said premises created under these presents nor sublet the same or any
part thereof to any person or persons whomsoever, or make any
structural addition or alteration therein.

(j) On the expiration or earlier determination of the lease to yield and deliver
peaceful vacant possession of the premises in its entirety together with
all improvements, if any, done thereto without any claim for
compensation or otherwise on any account whatsoever.

And the LESSOR doeth hereby covenant and agree with the LESSEE as follows:

(a) To use the premium solely and exclusively for the purpose of repairs to
the temple as hereunder contemplated.

(b) At all times during the said term, to pay the owner’s share of house tax of
the premises whenever the same falls due and his income-tax and other
personal taxes as and when assessed.

(c) Upon the LESSEE paying the rent hereby reserved and observing and
performing the conditions and covenants herein contained, the lessee
shall quietly and peaceably hold, possess and enjoy the said premises
during the said term without any interruption and disturbance by the
LESSOR or any person claiming under or in trust for him.

Provided, however, and it is expressly agreed and declared by and between the parties hereto
that, in case of non-payment of rent for any month beyond 3 days or in the event of breach of any
of the conditions and covenants to be observed and performed by the lessee, the lease shall at
the option of the LESSOR stand determined notwithstanding any waiver or condonation of the
breach or any intermediate negotiations to the contrary when and in such an event the LESSOR
shall be entitled to re-enter into the property and repossess the same as his former estate with all
improvements done thereto and without prejudice in any case to his right to recover all arrears of
rent and any damages for breach of such conditions and covenants.

AND THAT the party of the 2nd part doeth hereby further covenant and agree with the party of
the 3rd part that the said property is free from encumbrances except the charge for the
maintenance and seva and puja of the deity and that the same is not otherwise prejudiced in title
or estate and that the party of the 2nd part has not done executed or performed anything whereby
he is hindered or prevented from granting and/or transferring the same or lease in the manner
hereinbefore indicated. AND THAT the LESSEE shall bear and pay all costs of and incidental to
this lease, including stamp and registration charges.

The schedule above referred to


SCHEDULE A

Description of property which is the subject-matter of the lease hereunder created:

IN WITNESS WHEREOF the parties hereto have set and subscribed their respective
hands and seals the day, month and year first above-written.

For self and shebait for and


representing the deity Sd/-

Signature of the LESSOR Sd/-

Signature of the LESSEE Sd/-


MEMO OF CONSIDERATION

Received of and from the within-mentioned LESSEE the sum of


Rs. ……………… being the premium payable under the within-mentioned Deed by a Bank Draft
No. 11 dated ……………… issued by X Bank Ltd. payable in Calcutta.

Received
Signature of the SHEBAIT for
self and the DEITY
WITNESSES:
Signature of the LESSOR

* * * * *
Deed Modifying Terms of Lease

THIS DEED IS MADE this …………… day of …………… BETWEEN AB of, etc. (hereinafter
called “the LESSOR”) of the one part and CD of, etc., (hereafter called “the LESSEE”) of the
other part being supplemental to the deed of lease (hereinafter called “the PRINCIPAL DEED”)
dated the ……… day of ……… and made between the same parties being a lease of a house (or,
etc.) situate at etc. WITNESSES as follows:

1. The LESSOR shall forthwith erect and construct and will complete on or before the
…………… day of …… to the reasonable satisfaction of the LESSEE, a room (or, etc.) and other
additions to the premises leased under the PRINCIPAL DEED, in accordance with the plans and
specifications, copies whereof have for the purpose of identification been signed by the LESSOR
and the LESSEE.

2. In consideration of the premises, the LESSEE hereby agrees with the LESSOR that as
from the …………… day of ………… he, the LESSEE will pay to the LESSOR during the residue
of the term granted by the lease under the PRINCIPAL DEED, the additional yearly rent of Rs.
…………… such additional rent to be paid by equal monthly payments on the same days and in
the same manner as are provided by the PRINCIPAL DEED for the payment of rent thereby
reserved, the first of such payment to be made on the …………… day of …………… and that all
the rights and remedies of the LESSOR shall be applicable to the said additional rent.

3. From and after the completion of the said additions and works to be erected and
constructed by the LESSOR as aforesaid the agreements and conditions contained in the
PRINCIPAL DEED shall apply thereto in the same manner as if the said additions and works had
been completed prior to the grant of the lease by the Pincipal Deed.

IN WITNESS etc.

Signed, sealed and delivered CD

AB

The Plans, etc., above referred to

* * * * *
Licence for use of a House Property
to a Company for Office Accommodation
AN AGREEMENT IS MADE this ………………… day of ………… 1999 BETWEEN AB son of
………………… by faith …………… by occupation …………… (hereinafter referred to as the
OWNER) of the one part and X & Co. Ltd. represented ……………… by its secretary being
signatory to this agreement having its principal office at present at No. …………… (hereinafter
referred to as OCCUPIERS) of the other part.

WHEREAS the OCCUPIERS approached the OWNER for permission for using a portion
of his property, viz. premises No. …………… fully mentioned and described in the Schedule
hereto for temporary accommodation and/or location of their offices for a period not exceeding
eleven months only from the date of signing of this agreement which the OWNER has agreed to
grant reserving for himself the care, maintenance and services to property and on the basis of
leave and licence only (which will stand ipso facto revoked on the expiry of the said term). Now, it
is hereby expressly agreed and declared by and between the parties as follows:

1. This writing shall never be construed as any tenancy agreement or lease nor otherwise
creating any other right or interest in the property in favour of the OCCUPIERS which is not at all
the intention of the parties but on the contrary merely a temporary agreement or arrangement
simply to allow the OCCUPIERS to use and occupy portion of the premises for their office
accommo-dation under the control and supervision of the OWNER for which purpose the
OWNER shall retain …………… rooms, viz. one in the ground floor and another in the first floor.

The OWNER shall have his own staff in the said rooms for the care and supervision and
maintenance of and services to the property.

2. The OCCUPIERS shall, in consideration of such accommodation as hereunder


provided, pay to the OWNER a fixed sum of Rs. …………… as charges for such temporary
occupation for the period of …………… months which sum will be paid at the rate of ………… per
month on the ………… of every current month without delay or default and a further sum of
Rs. …………… per month on account of maintenance to the property over and above of the
payments. He shall further pay a sum of Rs. …………… for service charges and also use of
fittings and fixtures making thus a sum total of Rs. ……………… per month. The two last-
mentioned amounts shall also be paid on the ……………… of every current month.

3. The OCCUPIERS shall also pay to the OWNER on account of Corporation of Calcutta
all existing and future occupier’s share of rate and taxes of the property and also the
enhancement in the Owner’s share, if any, during the period of their occupation and shall
otherwise keep the OWNER and his estate indemnified as against any loss if any arising out of
such non-payment or non-observance of any of the covenants herein contained.

4. The OCCUPIERS have as security deposit for such payments and observance of the
covenants hereunder contained kept with the OWNER a sum of Rs. …………… to be repaid
without interest on revocation of licence and surrender and delivery of possession of the said
portion of the property subject to such deductions as the OWNER shall be entitled as against the
OCCUPIERS, e.g., arrears of charges provided in clause 2, unpaid taxes, electric bills, etc., as
hereunder provided or otherwise permitted in law.

5. The OCCUPIERS shall on expiry of the period of …………… and licence hereunder
granted or earlier revocation thereof surrender the property and deliver the same to the OWNER
when and in such an event he will be entitled to the refund of Rs. …………… subject to
deductions provided in clause 4 hereof.
6. Provided, however, and notwithstanding anything hereinbefore contained, it is hereby
expressly agreed by and between the parties hereto that in default of any payment on the dates
hereinbefore referred to above to the OWNER or the Corporation of Calcutta or other appropriate
authorities the OWNER shall be entitled to and shall have always the power to revoke the licence
hereunder granted at his absolute discretion and reoccupy the said portion of the property without
subjecting himself to any liability on that account and notwithstanding any intermediate
negotiations or waiver of breach thereof when and in such an event the OCCUPIERS shall
surrender the occupied portion of the property as hereunder contemplated.

7. The OCCUPIERS shall have no right to make any addition or alteration to the property
except removable of wooden partitions by way of adjustments but shall be entitled to make
interior decorations only by temporary wooden partitions which they shall remove at their own
costs at the time of surrender of the said portion of the property on expiry of the term of the
licence hereby granted or earlier revocation thereof and repair all the damages if any caused to
the property.

IN WITNESS WHEREOF the parties have executed this Agreement this ………… day of
………… 1999.

Signed, sealed and delivered by AB


at Calcutta in the presence of:

Signed, sealed and delivered


by .................................. on behalf
of X & Co. Ltd. pursuant of Board
Resolution of ……………… in the
presence of:

* * * * *
Deed of Licence
THIS DEED OF LICENCE is made this ……………… day of …………… 2000 BETWEEN AB,
son of …………… residing at ………… (hereinafter called the LICENSOR) of the one part and
CD, son of …………… residing at …………… (hereinafter called the LICENESEE) of the other
part.

WHEREAS the said CD has applied to AB for the use of the eastern outside wall of his
building being premises No. …………… for the purposes of utilising the same for publicity and
advertisement of his goods a specimen copy whereof with type and design shall be delivered to
the licensor for a period of two years: AND WHEREAS the said AB has agreed to grant the
licence.

NOW THESE PRESENTS WITNESSES and the parties hereby agree as follows:

1. That the said CD shall be entitled to use the said outer wall of premises No.
…………… for the purpose of advertisement of his goods by coloured signs, marks, letters or
other representations for two years from the date in dimensions measuring ……………… and not
contrary to any regulation of the Municipality or other public body or authority.

2. That the said CD shall pay Rs. …………… as such advertisement charges per month
in advance within the 5th day of every current month.
3. That in the event the said outer wall or the plaster thereof is damaged on account of
any act, default or negligence or omission on the part of CD, he shall forthwith execute all the
necessary repairs thereto or in the alternative pay adequate compensation to AB on that account.

4. That the said CD shall pay for all taxes and impositions on account of such
advertisements.

5. That the said AB shall be entitled to revoke this licence within the said period of two
years only on failure to pay regularly the fees or taxes or impositions as aforesaid.

6. That the said CD shall not be entitled to affix on the said wall any representation of
other goods nor have any interest in the said wall and further shall indemnify the said AB against
any damage suffered in case such display or advertisement is found to be in breach of statutory
rules or orders of any Authority.

IN WITNESS WHEREOF the parties have signed these presents on the day, month and
year first above-written.

Signed, sealed and delivered by


AB the LICENSOR in the presence of:

Signed, sealed and delivered by


CD the LICENESEE in the presence of:

* * * * *

Agreement for Alternative Accommodation


in the case of Demolition of the Premises

THIS AGREEMENT IS MADE on……………1999 BETWEEN Shri AB son of ………………………


residing at premises No. ………………… Calcutta, (hereinafter called and referred to as the
LANDLORD) of the one part and Shri CD son of …………………………… residing at
…………………… (hereinafter called and referred to as the TENANT) of the other part:

WHEREAS the LANDLORD has decided to demolish the entire Premises No.
……………… which includes the shop room at present occupied by the TENANT in the ground
floor facing north measuring ………………… sq. ft. more or less at a monthly rental of Rs.
……………… (Rupees ……………) only payable to the said LANDLORD according to English
calendar month and WHEREAS the LANDLORD intends to construct a new building in the place
of the existing one, which is to be completely demolished and has agreed to provide the said
TENANT with suitable alternative accommodation more or less approximately of the same area
and similar in advantages and road frontage in the new building at the same rent immediately
after its construction and as soon as possible.

NOW THIS AGREEMENT WITNESSETH as follows:

1. That the LANDLORD will immediately after execution of this agreement arrange for
and provide the TENANT with temporary accommodation in a shop room in the said premises for
the time being pending construction of the new building.
2. That the TENANT will thereupon leave and vacate the portion of the building now in his
occupation and hand over vacant possession of the same to the LANDLORD by ………………
and shift his business to the newly arranged temporary room.

3. That the LANDLORD will immediately after the construction work in respect of the
portion of the building which was under the possession of the TENANT be completed, provide the
TENANT with the shop room more clearly shown in red colour on the map or plan annexed with
this agreement.

4. That the TENANT shall continue in the portion given to him for the time pending the
construction work of the building and shall be liable to go back to his own originally occupied
portion or any portion similar in advantageous area and road frontage given to him by the
LANDLORD.

5. That the TENANT shall so long he shall continue in the room temporarily provided for
him pay its rent to the LANDLORD @ Rs. 3 (Rupees three) only per sq. ft. per month.

6. That the TENANT shall deposit a sum equivalent to three months’ rent with the
LANDLORD initially and that the said three months’ rent shall all along be treated as ‘DEPOSIT’.

7. That the new room to be made over to the TENANT shall be fitted with doors, windows
and electric lines and fittings, flooring and ceiling and plastered and whitewashed walls, with a
rolling shutter gate together with all facilities enjoyed in respect of the old room.

8. That the LANDLORD shall make over the new shop room to the TENANT in the newly
constructed building two months after the date when the TENANT shall vacate the old shop room
in the existing building.

IN WITNESS WHEREOF the parties hereto have set and subscribed their respective
hands and seals the day, month and year above written.

Signed, sealed and delivered by


AB and CD at Calcutta in the presence of:

1. …………………………………… AB

2. …………………………………… CD

3. ……………………………………

* * * * *

Lease of Jute Mill

THIS LEASE IS MADE BETWEEN XY Jute Mill Co. Ltd., a company registered under the
Companies Act 1956 having its registered office at ………… ………………… (hereinafter called
the LANDLORD which expression shall where the context so admits include its successors and
assigns) of the First Part and AB Co. Ltd., a company registered under the Companies Act 1956
having its registered office at ……………………………… (hereinafter called the TENANT which
expression shall where the context so admits include the TENANT’S successors and permitted
assigns) of the Second Part and EF Co. Ltd., a company registered under the Companies Act
1956 and carrying on business at ………………………………… (hereinafter referred to as the
SURETY which expression shall include its successors) of the Third Part.

WHEREAS the LANDLORD is carrying on business as manufacturer of and dealer and


exporter in jute goods at ……………………… for the last 30 years.

AND WHEREAS the LANDLORD is seized and possessed of the said XY Jute Mill along
with the land in which the Mill is situate and has a good Title thereto.

AND WHEREAS the main promoter of the said XY Jute Mill Co. Ltd. intends to
concentrate on his business in England and desires to leave India as soon as circumstances
permit.

AND WHEREAS there are no other competent person at the moment to look after and
run the XY Jute Mill in the absence of the main promoter.

AND WHEREAS the TENANT is carrying on business as manufacturer of and dealer in


and exporter of jute goods in its own Mill and can conveniently utilise the capacity of XY Jute Mill
Co. Ltd.

AND WHEREAS there have been discussions and negotiations between the LANDLORD
and TENANT whereby the LANDLORD has agreed to let out the Mill premises along with the Mill
comprising of plant, machinery, fittings and fixtures on monthly rental basis and the TENANT has
agreed to take on rent the said Mill as a going concern and to run the Mill and keep the plant and
machinery in working condition.

AND WHEREAS the parties intend that if the TENANT can run the Mill successfully the
LANDLORD will ultimately sell the same to the TENANT.

AND WHEREAS the LANDLORD has agreed to meet the liabilities of the said XY Jute
Mill Co. Ltd. from the rent that might be paid by the TENANT and that the TENANT will have no
responsibility to the creditors and bankers of the LANDLORD.

AND WHEREAS it has been agreed between the LANDLORD and its creditors including
bankers that they will not proceed against the assets of the Jute Mill and will get their payments
out of the rents receivable by the LANDLORD and that they will not disturb the running of the Mill
by the TENANT so long as the TENANT goes on paying the rent regularly fixed herein.

AND WHEREAS the SURETY has guaranteed the timely payment of the rent by the
TENANT which the surety under its Memorandum of Association and Resolution of the General
Meeting is authorised to do.

NOW THESE PRESENTS WITNESSETH and the parties hereby agree as follows:

1. The LANDLORD hereby demises unto the TENANT all those premises described in
the First Schedule hereunder being premises No. …………… …………… being the Jute Mill with
all structures, sheds, plant, machinery, fittings, fixtures, furniture, privileges appurtenant thereto
(hereinafter called the “DEMISED PREMISES”) with all permits, licences, consents and rights set
out in the Schedule except those reserved and mentioned in the Schedule to hold unto the
TENANT for a term of 15 years from January 1999 paying therefor in advance by monthly
instalments on the first day of every month Rs. 1 lakh the first payment to be made on the
execution hereof and thereafter by the first day of every month and also paying by way of
additional rent a sum representing the interest @ 15% per annum or the prevailing commercial
bank rate whichever is higher on the due date for rent payment on the arrears of rent by more
than 7 days from the date on which the payment fell due until payment is made in full. Such rent
shall be enhanced by 10% every 3 years and such increased rent shall be payable by the
TENANT as aforesaid.

2. The TENANT hereby agrees and covenants with the LANDLORD as follows:

(a) To pay such rent at the time and in the manner aforesaid;

(b) To pay all rates, taxes, assessments and outgoings of a periodically


recurring and non-capital nature payable in respect of the demised
premises during the term of the tenancy except, however, the outgoings
as the owner is by law bound to pay notwithstanding any contract to the
contrary.

(c) To pay all charges for gas, electric current and telephone services
including rent supplied to or used on the demised premises during the
tenancy. The metre readings at the commencement of the tenancy are
electric current 1001 and gas 501.

(d) To keep the whole and every part of the demised premises the Jute Mill
with all plant, machinery fittings and fixtures in good substantial repair
and condition and properly operative and productive throughout the said
term.

(e) To obtain and keep renewed in force all LICENCES, permits,


entitlements, as are in force and that might be required by any law and
observe all formalities and statutory requirements so that the Mill may
run smoothly.

(f) To permit the LANDLORD and its agents at all reasonable hours in the
day time to enter upon and inspect the condition of the DEMISED
PREMISES and to give notice in writing to the TENANT of all defects
found which the TENANT is liable to make good under the covenants
hereinbefore contained and if the TENANT does not proceed diligently
within 60 days of such notice to repair and to make good all defects, then
to permit the LANDLORD to enter the demised premises with labourers
to execute such repairs, the cost of so doing to be payable by the
TENANT on demand and if not so paid the amount to be recoverable as
if the same were rent in arrears.

(g) To permit the LANDLORD and its agents with all necessary workmen
and equipment at all reasonable times to enter the demised premises for
the purposes of carrying out the repairs to the adjoining property of the
LANDLORD provided that except in case of emergency the LANDLORD
shall give not less than 48 hours notice of his intention to exercise such
right and shall make good all damage caused by such entry.

(h) To pay on demand a proportionate part of cost of repairing, maintaining,


cleansing and replacing all roadways, sewers, drains, gutters, pipes,
wires, and cables and electrical, water and other services and things
which serve the demised premises jointly with other property of the
LANDLORD.

(i) To keep such parts of the DEMISED PREMISES as are not built upon in
a proper and neat order and condition and not to store anything on them.
(j) To insure and keep insured the DEMISED PREMISES to their full
reinstatement value thereof with an Insurance Company approved in
writing by the LANDLORD in the joint-names of the LANDLORD and the
TENANT against loss or damage by fire, explosion, storm, flood and
earthquake including the surveyor’s fees and loss of two years’ rent and
such other risks as may from time to time be required in writing by the
LANDLORD and upon the request of LANDLORD to produce the Policy
and the receipt for the last premium and cause all sums received to be
forthwith laid out and expended in rebuilding or repairing or otherwise
reinstating the demised premises in accordance with the building plan or
otherwise as may be approved in writing by the Landlord and to make up
any deficiency in the Insurance money out of Tenant’s own funds.
(k) To deliver to the LANDLORD a copy of every notice relating to
the demised premises served on the TENANT by any competent
authority and comply with the requirements thereof.
(l) To execute or cause to be executed or done all such works and
things as under any law directed or necessary to be done or
executed and not to do or permit or suffer to be done any such act,
matter or thing as contravenes such law and at all times to keep the
LANDLORD indemnified against all claims, proceedings,
demands and liability in connection therewith.
(m) To keep in force all licences, permits, sanctions, quotas, export rights
and entitlements of the Mill and preserve unobstructed all rights of light
and other easement appertaining to the DEMISED PREMISES in any
way and at all times to afford to the LANDLORD such facilities and
assistance as may enable the LANDLORD to prevent the acquisition by
anyone of any right of light or other easement over the DEMISED
PREMISES.

(n) Without prior written permission of the LANDLORD not to assign,


underlet or otherwise part with possession of the DEMISED PREMISES
or any part thereof.

(o) When Landlord’s consent has been obtained the TENANT to give notice
to the LANDLORD in writing setting forth the name, address and
description of the assignee or person in whose favour the devolution has
taken place and to produce the Instrument of Assignment or Devolution.

(p) Without the consent of the LANDLORD the TENANT shall not erect or
permit to be erected on the demised premises any building or erection,
boundary walls or fences and not to make or allow to be made any
alterations or additions in the DEMISED PREMISES.

(q) Except within the DEMISED PREMISES the TENANT shall not part or
permit the parking of any cars, bicycles or vehicles by its servants,
visitors or agents or customers not to deposit any materials on or
otherwise obstruct any roadway adjoining to or forming a part of the
Landlord’s adjoining property nor permit any loading or unloading to be
carried on therefrom.

(r) Not to discharge any noxious matter or trade waste or effluent from any
building or drain on the demised premises into the sewers of the
LANDLORD which has or may have an injurious effect on the sewage
therein or the said sewers or the local sewerage disposal works or the
water flowing through the said sewers.
(s) Not to store or bring upon the DEMISED PREMISES articles
which are combustible inflammable or of dangerous nature and not
to do or permit or suffer anything to be done by reason of which
any insurance on the building or the adjoining property may be
rendered void or voidable or whereby the rate of premium thereon
may be increased.
(t) To ensure that none of water, electricity, gas, telephone and other
services serving all or any of the DEMISED PREMISES and the
Landlord’s other adjoining property are obstructed, terminated, diverted
or interfered with in any manner.

(u) Not to use or permit to be used the DEMISED PREMISES or any part
thereof for any trade or business other than the existing business.

(v) Not to do or suffer to be done on the DEMISED PREMISES anything


which might be a nuisance or annoyance to the LANDLORD or to its
TENANTS or other owners or occupiers of the adjoining lands thereof
and not to use nor permit to be used the demised premises for any
illegal, immoral or improper purposes.

(w) Without prior written approval of the LANDLORD the TENANT shall not
affix or display or permit on the DEMISED PREMISES fixing or
displaying any advertising sign or notice.

(x) To indemnify the LANDLORD against all proceedings, costs, claims and
demands in respect of any injury or death of any person and any damage
to any property or destruction of any right, easements or privileges that
might arise directly or indirectly from the condition of the DEMISED
PREMISES.

(y) To bear and pay all costs and expenses incurred or that might be
incurred by the LANDLORD in connection with or incidental to the
preparation of the lease and the counterpart thereof and any application
for any approval or consent to any authority concerned whether or not
any right of re-entry or forfeiture has been waived by the LANDLORD.

(z) On the expiry or sooner determination of the said term, the TENANT to
yield to the LANDLORD the demised premises with all the buildings and
additions made thereto in the meantime and all plant, machinery, fixtures
in such good and substantial repairs and condition including any
additions thereto.

3. The LANDLORD hereby covenants that the TENANT paying the said rent and
observing and performing all obligations statutory and under this agreement may quietly enjoy
and run the Mill, the demised premises, without any interruption by the LANDLORD.

4. The parties hereby agree and declare that:

(a) Whenever the said rent or any part thereof is in arrear for two months,
whether demanded or not, or if the TENANT becomes insolvent or
makes any arrangement with its creditors or commits any breach of any
of the provisions herein contained then the LANDLORD may re-enter
upon the DEMISED PREMISES with benefit of all licences, permits,
entitlements, quotas and rights relating to the Mill and thereupon the
tenancy hereby created shall stand determined but without prejudice to
any remedy for any antecedent breach by the TENANT of any of the
provisions hereof.

(b) In the event the DEMISED PREMISES or any part thereof are destroyed
or damaged by any cause other than the act or default of the TENANT or
his visitors or servants and are not re-built or restored within twelve
months after the happening of such destruction or damage, then the rent
hereinbefore reserved or a fair and just proportion thereof according to
the nature and extent of damage shall be suspended during the period
the demised premises or the destroyed or damaged part thereof remain
unfit for use by reason of such damage or destruction.

(c) The TENANT shall not become entitled to any easement or right which would
restrict or interfere with the free use of any adjoining property of the LANDLORD by
the LANDLORD or any person deriving title under the LANDLORD for building or
for any other purposes.

5. The SURETY hereby covenants with the LANDLORD that the TENANT shall pay the
rent hereby reserved on the days and in the manner aforesaid and shall perform and observe all
the Tenant’s covenants hereinbefore contained and that in the case of default in payment of such
rent or the performance and observance of such covenants as aforesaid, the SURETY shall pay
and make good to the LANDLORD on demand all losses, damages, expenses and costs arising
or incurred by the LANDLORD, provided always and it is hereby agreed that any neglect or
forbearance of the LANDLORD in endeavouring to obtain the payment of rent when the said
becomes payable or entitled to the performance of the several stipulations herein on the tenant’s
part contained or any time which may be given to the tenant by the LANDLORD shall not release
or exonerate or in any way affect the liability of the SURETY under this covenant.

6. It is further agreed as follows:

(a) if the TENANT is desirous of purchasing remainder of the rights of the


LANDLORD, the TENANT shall give six months’ notice to the
LANDLORD before expiry of the term of the lease hereby granted then
the LANDLORD shall on the expiry of the notice and upon payment of a
sum to be mutually agreed convey the demised premises to the TENANT
or as it directs free from all encumbrances;

(b) the TENANT has already investigated the title of the landlord to the demised

premises and accepted by him;

(c) the sale shall be made in all other respects as might be mutually agreed
to.

IN WITNESS WHEREOF the parties hereof put their signatures and seals and execute
these presents on this 5th day of November 1999.

First Schedule
Second Schedule

Signed, sealed and delivered by


Mr. ……………………… pursuant to a
Board Resolution of XY Jute Mill Co. Ltd.
dated 10th January 1999 in the
presence of: Signature

Signed, sealed and delivered by


Mr. ……………………… pursuant
To Board Resolution
dated 7th January 1999 of AB Co. Ltd.
in the presence of: Signature

Signed, sealed and delivered by


Mr. ……………………… pursuant
to the Board Resolution
dated 10th January 1999 of EF Co. Ltd.
in the presence of: Signature

*****

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