Drafting & Deeds related Lease

CONVEYANCING, DRAFTING & DEEDS
contract because it creates mutual rights and obligations on the part of the
lessor and the lessee, and a conveyance, because it also transfers possessory
rights of the lessor in moveable-property in favour of the lessee.
Although there are many points of difference between a leasing transaction
and hire-purchase (as may be noted from the provisions contained in Chapter
IV and V of the Hire-purchase Act, 1972), in India, there is no special statute to
regulate leasing and hire-purchase of moveable and therefore, these transac-
tions are governed by the provisions of the Indian Contract Act, 1872, the Sale
of Goods Act, 1930 and Specific Relief Act.
6. Legal instruments for Lease  Transaction.?There is no special form for
drafting instruments for lease transactions. In most of the cases the parties to a
lease are the lessor and the lessee and where a guarantor joins, it becomes a
triparty deed.
7. Registration.?Instruments for equipment leasing covering moveable
property do not require compulsory registration under the Indian Registration
Act, 1908.
8. Stamp Duty on Instrument.?Although the commercial nomenclature
?lease? has been  added to the terms ?Equipment lease? or ?lease financing?,
the term ?lease? does not convey the meaning as defined u/s. 2(16) of the In-
dian Stamp  Act, 1899, which means ?…….. a lease of immovable property and
covered by Article 35 of Schedule IA to the Indian Stamp Act. ?
Thus, an instrument relating to the transaction of moveable property will be
covered by Article 33 i.e.  ?Hiring Agreement?  read with Article 5 i.e.  ?Agreement
or Memorandum of an Agreement? under Schedule IA to the Indian Stamp Act,
1899.Where a Guarantor joins such instrument an additional Stamp Duty un-
der Article 57 read  with Article 15 of the Schedule 1A to the said Act may be
leviable.
FORMS FORMS FORMS FORMS FORMS
1 1 1 1 1
Agreement for Lease of a Garden Bunglow with Furniture, Agreement for Lease of a Garden Bunglow with Furniture, Agreement for Lease of a Garden Bunglow with Furniture, Agreement for Lease of a Garden Bunglow with Furniture, Agreement for Lease of a Garden Bunglow with Furniture,
Tools and Gardening Implements Tools and Gardening Implements Tools and Gardening Implements Tools and Gardening Implements Tools and Gardening Implements
[Short Form]
THIS AGREEMENT made  etc.  BETWEEN (Vendor) of the ONE PART AND
(Purchaser) of the OTHER PART.
WHEREBY IT IS AGREED as follows :
1. The Vendor shall sell and the Purchaser shall purchase at or for the ag-
gregate price of Rs………….. ALL THAT the land, hereditaments and premisesmentioned and described in the FIRST SCHEDULE hereunder written and here-
inafter referred to as ?the said land? with their appurtenances for the unexpired
residue of the term of…….  years granted by the Indenture of Lease dated……….
and made between (Lessor) of the One Part and the Vendor of the Other Part
free from all encumbrances except the rent reserved by the said Lease and the
covenants and conditions therein contained and on the part of the lessee to be
observed and performed ALL THAT [Parcels] TOGETHER WITH the household
furniture, tools and implements of gardening and other materials in, to or upon
the said land, hereditaments and premises belonging to the Vendor and speci-
fied in the SECOND SCHEDULE hereunder written and hereinafter referred to as
?the said materials?.
2. The said sum of Rs……….  shall be made up as follows, namely, for the
said land Rs………, for the messuages and premises thereon Rs………. and for
the said furniture, tools, implements and other materials Rs…………..
3. The Vendor shall within……….days from the date hereof deliver to the
Purchaser?s solicitor Mr……………………………. of………………………. on his account-
able receipt the said Lease and the Vendor?s title to the said land, heredita-
ments and premises shall be deemed to commence therefrom and the Pur-
chaser shall not enquire into the lessor?s title or make any objection or requisi-
tion in respect of the same or the identity of the said leasehold land or require
any other evidence of the covenants and conditions contained in the said Lease
having been duly performed up to the completion of the purchase than the
production of the receipt for the last payment of the rent which shall have be-
come due under the said Lease.
4. This agreement shall be carried out by an Assignment of the said Lease
for the rent and residue of the term  thereby granted and by delivery of posses-
sion of the said furniture, tools, implements and other materials. The Assign-
ment shall contain the usual covenants by the Purchaser to pay the rents re-
served by and to perform and observe the covenants and conditions contained
in the said Lease and to keep the Vendor indemnified against such rents, cov-
enants and conditions.
5.  The purchase shall be completed and the balance of the purchase money
paid at the office of the vendor?s solicitor Mr……………………….. of……………………
within………………… from the date hereof.
6. Upon payment by the Purchaser to  the Vendor of the balance of the
purchase money within the time aforesaid [and in this respect time shall be
deemed as of the essence of this contract] the Vendor shall execute and regis-
ter in favour of the Purchaser a proper Assignment of the said Lease in manner
aforesaid and shall at his own expense get all necessary parties to join therein
and if so called upon by the Purchaser shall make a formal Declaration that he
is the sole and absolute owner of the said furniture, tools, implements and other
loose chattles in an unencumbered state.
7. At the time of the execution of the said Assignment the Vendor shall de-
liver to the Purchaser  vacant possession of the land, hereditaments and pre-
Ch. 48] LEASE?FORMS 4748 CONVEYANCING, DRAFTING & DEEDS [Ch. 48
mises mentioned and described in the first schedule hereunder written and
simultaneously make over to him the furniture, tools, implements and other
materials specified in the second schedule hereunder written.
8. Upon completion of the purchase the Purchaser shall be entitled to the
rents, issues and profits of the said land, hereditaments and premises, all rents,
rates, taxes and other outgoings in respect thereof up to that date being cleared
by the Vendor.
The First Schedule above referred to
[Describe the property]
The Second Schedule above referred to
[Set out list of articles]
IN WITNESS etc.
2 2 2 2 2
Agreement for Long-term Lease of Wakf Estate with right for Agreement for Long-term Lease of Wakf Estate with right for Agreement for Long-term Lease of Wakf Estate with right for Agreement for Long-term Lease of Wakf Estate with right for Agreement for Long-term Lease of Wakf Estate with right for
Development, Construction and Sub-lease?Consideration Development, Construction and Sub-lease?Consideration Development, Construction and Sub-lease?Consideration Development, Construction and Sub-lease?Consideration Development, Construction and Sub-lease?Consideration
payable as premium and rent reserved is subject payable as premium and rent reserved is subject payable as premium and rent reserved is subject payable as premium and rent reserved is subject payable as premium and rent reserved is subject
to periodical revision to periodical revision to periodical revision to periodical revision to periodical revision
THIS AGREEMENT made this……………….  day of……………., Two thousand………
BETWEEN Sk………………..Mutwalli  and Wakf-ul-Aulad  to the Wakf Estate of
Late……………………. son of Late……………………. by religion Muslim and residing
at No……………  in………………, hereinafter referred to as ?the  LESSOR?  (which
term or expression shall unless excluded by or repugnant to the context be
deemed to include his successor-in-office, legal representatives, administra-
tors and assigns) of the ONE PART AND…………………….. hereinafter referred to
as ?the LESSEE? (which term or expression shall unless excluded by or repug-
nant to the context be deemed to include their respective heirs, executors, ad-
ministrators, representatives and assigns) of the OTHER PART:
WHEREAS one A.B. widow of C.D. was the sole and absolute owner, inter
alia, of  diverse properties including premises No……..
AND WHEREAS by an Indenture dated………….. the said A.B. created a Wakf
and dedicated all her properties including the aforesaid premises to the al-
mighty for religious and charitable purposes and for the maintenance of the
poor people and her relations and got the said Indenture of Wakf registered in
Book No…………. Volume No…………..  pages……….  to…………. Being No……..  for
the year……….. with the Sub-Registrar at………..
AND WHEREAS upon the Bengal Wakf Act, 1934 coming into force the said
Wakf created by the said A.B. was enrolled in the office of the Commissioner of
Wakf a Public Wakf in the year……..
AND WHEREAS by an Order dated……….. passed by the Learned First Addi-
tional District Judge at…….  in  Misc.  Case No………….  of 20……  the Lessor hereinwas appointed the Sole Mutwalli being the Wakf-ul-Aulad of the said Wakf Es-
tate and the said Mutwalli is continuing as the Sole Mutwalli of the said Wakf
Estate.
AND WHEREAS the Lessor herein in his capacity as Mutwalli of the said
Wakf Estate is well and sufficiently entitled to all that……………………….
Cottahs………  Chittacks together with several buildings, structures and out-houses
standing thereon bearing Municipal Premises No………., hereinafter collectively
referred to as ?the said premises. ?
AND WHEREAS different portions of the said premises are under occupation
of various tenants and few occupiers are unlawfully occupying portion of the
said premises.
AND WHEREAS the total  monthly income which is fetched from the said
premises at present is Rs……….  (Rupees…………………………) only per month
and such sum is too meagre to meet the expenses and/or insufficient to carry
out the desire of the settlor in furtherance of the objects of the said Wakf for
which the same has been created.
AND WHEREAS there have been several litigations in respect of the Wakf
Property which have also created severe financial handicap in complying with
the desire of the settlor and for the proper maintenance of the Wakf estate.
AND WHEREAS for the purpose of maintenance and upkeep of the mosque
and for the purpose of efficient and proper management of the said Wakf estate
and  for the purpose of carrying out the objects of the settlor the Lessor had
agreed to grant a lease in respect of the said premises in favour of one P .D.
resident of………………….and for the purpose the Lessor as the Mutwalli of the
said Wakf had given the requisite notice to the Commissioner of Wakf on the………
as required under sec. 53(2) of the Bengal Wakf Act, 1934.
AND WHEREAS subsequent to the said notice the Commissioner of Wakf
failed to exercise jurisdiction vested on him and as such a Writ application was
moved in the Hon?ble High Court at….. by the Mutwalli, the lessor herein and the
Hon?ble Mr. Justice…in his Order dated……….  directed the Commissioner of
Wakf be restrained from interfering with and/or creating any hindrance in the
matter of transfer and execution and registration of the proposed lease in favour
of the said P .D. in respect of the said premises.
AND WHEREAS the said P .D.failed and neglected to obtain the intended lease
thereafter and in consequence whereof the Lessor herein as the sole Mutwalli
of the Wakf-ul-Aulad of the said Wakf Estate on grounds of legal necessity and
for the benefit of the Wakf and for the protection maintenance and preservation
of the Wakf Estate from extinction, injury or deterioration and for the purpose of
keeping up or performing the objects of the said Wakf and augmentation of the
annual income of the Wakf Estate from the investments of the amount of con-
sideration or premium money to be received from the intended lease, had en-
tered into a fresh agreement on the………………….  with one R.S. of……….. to
grant in his favour a lease in respect of the said premises on the terms and
conditions therein mentioned.
AND WHEREAS the said R.S. has now expressed unwillingness to go in for
G : CDD (Vol. 6) ? 4
Ch. 48] LEASE?FORMS 4950 CONVEYANCING, DRAFTING & DEEDS [Ch. 48
the proposed lease and the intended scheme in respect of the said premises
and thereupon called the Lessor to repudiate the said agreement dated……., by
mutual consent without any financial repurcussion on either side, to which the
Lessor has consented.
AND WHEREAS under the existing situation the Lessor as the sole Mutwalli
of the Wakf-ul-Aulad of the said Wakf Estate and in order to prevent further
injury or deterioration of the Wakf Property for want of proper upkeep, repair
and maintenance and to avoid its total extinction and on ground of such urgent
and bona fide  legal necessity has offered the said premises for grant of an
immediate lease to any intending lessee who will be agreeable to accept the
lease on the terms and conditions which are not less favourable than those
approved by the Hon?ble High Court in its Order dated………….
AND WHEREAS the Lessee herein has accepted the said offer and is agree-
able to take the said property on lease on the terms and conditions as hereinaf-
ter appearing.
NOW THIS AGREEMENT WITNESSETH as follows :
1. The Lessor has agreed to grant a Lease in favour of the Lessee in respect
of the premises Nos……., comprising an area of…………………. Cottahs……, more
or less TOGETHER WITH several buildings, structures and outhouses standing
thereon or on part thereof more fully and particularly mentioned and described
in the Schedule ?A? written hereunder and delineated in the Map or Plan an-
nexed hereto and thereon coloured Red and hereinafter referred to as  ?the said
premises. ?
2.  The Lessee shall pay to the Lessor a sum of Rs……..  (Rupees………………….)
only as the total premium for granting a Lease for a term of 85 (eighty-five)
years with  an option to renew the same Lease for  a further period of 10(ten)
years on the terms and conditions to be mutually agreed upon.
3. Apart from the said total premium the Lessee shall also pay to the Lessor
a sum of Rs………  (Rupees…………………………) only per month during the ten-
ure of occupation of the said premises towards rent payable by 10th day of
every month according to English Calendar.
4. The aforesaid sum of Rs……..  (Rupees………………….) only would be paid
in the following manner 😕
(a) A sum of Rs……….. (Rupees……………………….) only would be paid as
earnest money/security deposit simultaneously with the execution of
this agreement and the said amount shall be held in deposit with any
Schedule Bank in the joint names of the Lessor and the Lessee till the
execution of a proper Deed of Lease when the said amount shall be
adjusted against the premium money herein agreed to be paid.
(b) Rs……….. (Rupees………………….) only would be paid at the time of
execution and registration of appropriate  Deed of Lease.
(3) A sum of Rs………..  (Rupees……………………………) only would be paid
after the sanction of the building plan in respect of the demised premises and
after handing over vacant possession thereof by the Lessor to the Lessee.5. The monthly rent herein reserved shall be liable to be increased by 10%
(ten per cent) after 10 (ten) years.
6. The Lessee at his own costs and expenses shall construct accommoda-
tion required to be provided to the existing occupiers of the said premises whose
names are mentioned in the SCHEDULE ?B? hereunder written. Be it declared
that the lessor would be obliged to give vacant and peaceful possession of the
said premises to the Lessee upon execution and registration of the appropriate
Deed of Lease and the Lessee shall construct accommodation comprising an
area of………..  Sq. ft. more or less at his own costs and expenses on the land
and/or the area to be provided by Mutwalli.
7. The  Lessor shall apply and obtain sanction of the building plan for  the
proposed construction upon the said premises from the…………………….  Munici-
pal Corporation at the costs and expenses of the Lessee.
8.  The Lessee shall be liable to pay both shares of Municipal rates and taxes
in respect of the said premises including the new constructions and shall also
pay all other impositions required to be paid either by the Lessor or the Lessee
as the Owner or the Occupier of the said Premises.
9. The Lessee shall also pay all and every taxes for construction of the new
building in the said premises.
10. It would be competent for the Lessee to enjoy  the said premises and to
grant sub-lease in favour of any person or persons, including firm or firms or
company or companies who may be under the occupation of different portion of
the said premises as tenants or otherwise to any other person or persons at the
sole discretion of the Lessee.
11.  Construction of the building in the said premises would be in accordance
with the sanctioned plan of the………………………  Municipal Corporation.
12. The parties hereto hereby agree and undertake to observe and perform
the necessary terms, conditions and covenants to be stipulated in the Deed of
Lease hereby agreed to be executed and registered as per terms of this agree-
ment.
13. All costs and expenses relating to the sanction of the Building Plan,
preparation and registration of the necessary documents of Lease and all other
costs and expenses in connection therewith would be paid and borne by the
Lessee.
SCHEDULE ?A? ABOVE REFERRED TO :
ALL THAT piece or parcel of land measuring……………….  Cottahs…….  Chittacks,
more or less, comprised in premises bearing Municipal Premises Nos………..
together with several buildings, structures and out-houses constructed thereon
or on part thereof as shown and demarcated in the Map or Plan annexed hereto
and bordered in Red and butted and bounded in the following manner :-
On the NORTH : By portion of Premises No……….
On the SOUTH : By portion of Premises No………..
Ch. 48] LEASE?FORMS 5152 CONVEYANCING, DRAFTING & DEEDS [Ch. 48
On the EAST : By Premises No………….
On the WEST : By wall beyond Premises No……….
SCHEDULE ?B? ABOVE REFERRED TO :
(LIST OF TENANTS)
1. Md………..  (two rooms).
2. ……………..Bibi (two rooms).
3. ……………..Bibi (two rooms).
4. Sk…………………………  (two rooms).
5. Md……………………….. (One room)
IN WITNESS WHEREOF the parties hereto have set and subscribed their
respective hands and executed these presents on the day month and year first
above written.
SIGNED SEALED and DELIVERED
by the withinnamed LESSOR
in the presence of :
SIGNED SEALED AND DELIVERED
by the withinnamed LESSEE
in the presence of :
3 3 3 3 3
Agreement for lease of flats to be constructed by tenants Agreement for lease of flats to be constructed by tenants Agreement for lease of flats to be constructed by tenants Agreement for lease of flats to be constructed by tenants Agreement for lease of flats to be constructed by tenants
upon land taken under tenancy-at-will?Lease to be granted upon land taken under tenancy-at-will?Lease to be granted upon land taken under tenancy-at-will?Lease to be granted upon land taken under tenancy-at-will?Lease to be granted upon land taken under tenancy-at-will?Lease to be granted
after completion of Construction?tenants to pay security after completion of Construction?tenants to pay security after completion of Construction?tenants to pay security after completion of Construction?tenants to pay security after completion of Construction?tenants to pay security
deposit for completion of work and compliance of other deposit for completion of work and compliance of other deposit for completion of work and compliance of other deposit for completion of work and compliance of other deposit for completion of work and compliance of other
covenants?Landlord reserves the right of determination covenants?Landlord reserves the right of determination covenants?Landlord reserves the right of determination covenants?Landlord reserves the right of determination covenants?Landlord reserves the right of determination
of the lease with power of forfeiture and re-entry of the lease with power of forfeiture and re-entry of the lease with power of forfeiture and re-entry of the lease with power of forfeiture and re-entry of the lease with power of forfeiture and re-entry
AND AGREEMENT made the…………….. day of……  BETWEEN [intended com-
pany landlord] having its registered office at [address] (hereinafter called the
landlords which expression where the context so admits shall include the per-
son for the time being entitled to the reversion immediately expectant on the
term hereby agreed to be created [or tenancy hereby created] of the One Part
and intended company [tenants] having its registered office at [address] (here-
inafter called the tenants which expression etc.) of the Other Part.
2. The tenants shall on the exchange of this agreement deposit with [bank]
in the joint names of the landlords and the tenants the sum of Rs………  or bearer
securities of that value as and by way of a deposit or security for the due perfor-
mance and observance by the tenants of all and singular the several agree-
ment on the part of the tenants and the conditions herein contained PROVIDED
that all interest or income arising from the said sum shall be paid to the tenants
and in case of any default on their part in performance or observance of any of
the stipulations herein contained they shall forfeit such sum to the landlords.3. The tenants hereby agreed to perform and observe the stipulations fol-
lowing :
(1) To hold the said premises until the same shall be comprised in a lease
to be granted as hereinafter provided as tenants-at-will to the landlords
at the same rent and subject to the same covenants and stipulations
so far as applicable as if a lease.
(2) Subject to the payment by the tenants of the deposit next hereinafter
provided the tenants shall [for the period of………. months] from……….
[or from the date hereof] have leave and licence to enter upon all that
piece of land situate at……….. and delineated on the plan hereto
annexed and thereon coloured [pink] for the purpose of erecting
buildings and executing works in accordance with the stipulations
hereinafter contained and for no thereof had been actually granted and
so that the landlords shall have all the remedies for rent in arrear that
are incident to the relation of landlord and tenant but so that nothing
herein contained shall be construed as creating a legal demise or any
greater interest in the tenants than a tenancy-at-will.
(3) To pay as from the said 2024 all rates taxes assessments
and outgoings whatsoever in respect of the said piece of land.
(4) At their own cost [within the said period of……………………  months from
the said 2024 to  erect cover in and complete fit for
immediate occupation upon the said piece or parcel of land in a
substantial and  workmanlike manner and with the best materials of
their several kinds and in conformity in every respect with the plans
elevations sections and specifications which have been approved by
the landlords and are annexed hereto and to the satisfaction in all
respects of the surveyor for the time being of the landlords a building
or block of buildings consisting of high-class shops on the ground floor
and flats [or other buildings of a similar nature] over each with all proper
and suitable offices outbuildings vaults areas basements drains  sew-
ers and fences. But should the tenants  desire to vary the said plans
elevations and specifications so long as they are in the general scheme
contained in this clause or should the tenants from any cause be
prevented from carrying out any of the intended works in accordance
with the said plans elevations specifications and sections the landlords
shall consent to such modifications thereto as may be necessary or
as the tenants may reasonably require subject to the sanction of the
appropriate authority.
(5) To extend in erecting the said building or block of building for materials
and labour at cost price the sum of not less than Rs……..
(6) In the erection and completion of the said buildings or block of buildings
to do all acts and things required by and perform the works conforming
in all respects with the provisions of any statutes applicable thereto and
with all relevant by-laws and regulations and in accordance with the
Ch. 48] LEASE?FORMS 5354 CONVEYANCING, DRAFTING & DEEDS [Ch. 48
sanctioned plans and to pay and keep the landlords indemnified against
all claims for the fees charges fines penalties and other payments
whatsoever which during the progress of the works may become
payable to or be demanded by any local authority in respect of the said
works and pay all claims assessments and outgoings now or at any
time hereafter chargeable in regard to the said piece of land or any
buildings thereon.
(7) Not to do or permit or suffer to be done in or upon the said premises
or any part thereof anything which may be or become a nuisance or
annoyance or cause damage to the landlords or to the tenants or
occupiers of neighbouring properties.
(8) Not at any time to deposit or make up or manufacture or permit or suffer
to be deposited or made up or manufactured upon the said piece of
land any building or other materials except such as shall be actually
required for the buildings to be erected thereon in accordance with this
agreement and so soon as the said buildings shall  be completed at
their own expense to remove from the said piece of land all building
and other materials and rubbish whatsoever.
(9) As soon as the said building shall be completed to insure the same in
the joint names of the landlords and the tenants against loss or damage
by fire in the sum of Rs……… and to keep the same so insured until a
lease thereof shall be granted as hereinafter provided and to make all
payments necessary for the above  purposes within [seven] days after
the same shall respectively become payable and to produce to the
landlords or their agent on demand the policy or policies of such
insurance and the receipt for each such payment and to cause all
money received by virtue of any such insurance to be forthwith
expended in rebuilding and reinstating the building and to make up and
deficiency out of their own money PROVIDED ALWAYS that if the tenants
shall at any time fail to keep the premises insured as aforesaid the
landlords may do all things necessary to effect or maintain such
insurance and any money expended by them for that purpose shall be
repayable by the tenants on demand and be recoverable forthwith by
action.
(10) To pay all fees payable to any surveyor employed by a public authority
and all other fees and payments properly claimed by any such authority
and also the proper and usual fees and charges of the landlords?  said
surveyor for work done by him in preparing or approving plans or
inspecting the execution of the work or otherwise in connection with
the carrying out of the works in accordance with this agreement.
(11) Not to assign or part with their interest under this agreement or any
part thereof without the written consent of the landlords and in case
of any assignment to which the landlords shall so consent the tenants
shall be liable for the payment of a reasonable sum in respect of any
legal or other expenses incurred in connection with  such consent andshall continue liable for the performance of the several stipulations
herein contained until the grant of the lease hereinafter mentioned.
(12) (Upon request by the landlord) to produce to the landlord or his
authorised agent all notices permissions consents licences and other
documents which may be obtained by or served upon or sent to the
tenants from or by any local or other competent authority in any way
relating to any of the works contemplated by this agreement and to
allow the landlord or such agent to make copies thereof.
(13) The obligation to obtain all necessary Sanction of Plans for the works
contemplated by this agreement shall be of the tenants. If all necessary
Sanction shall not have been obtained by 2024 or by such later date
as the landlords [at the request in writing of the tenants] from time to
time may specify in writing, then this agreement shall cease and
determine, whereupon the landlords shall release the tenants deposit
hereinbefore referred to PROVIDED that the tenants shall still be liable
for all surveyors?  fees and legal costs incurred by the landlords prior
to the determination of this agreement as if this agreement had not in
fact determined.
4. It is hereby mutually agreed that until the tenants have completely per-
formed the aforesaid agreement to build the said building and execute the works
in accordance with the stipulations and conditions contained in clause 3 hereof
the landlords shall possess the rights and powers following that is to say :
(1) The right for himself and his duly authorised agent or surveyor at all
reasonable times to enter upon the  said premises to view the state
and progress of the said buildings and works to inspect and test the
materials and workmanship and for any other reasonable purpose
including the constructing repairing or cleansing of any sewer or drain
from only adjoining land of the landlord.
(2) Full right and liberty in case any of the said dwelling-houses and
buildings hereby agreed to be erected shall not be completed and fit
for immediate occupation within the period hereinbefore limited (time
in this respect being of the essence of the contract) and in accordance
with the tenants stipulations hereinbefore contained or in  case the
tenants shall in any other way fail to perform and observe any of the
stipulations on their part herein contained to re-enter upon and take
possession of the said piece of land and premises (except as to any
portion whereof a lease shall have been granted in the meantime) and
all buildings and erections fixtures plant materials and effects whatso-
ever thereon with power to hold and dispose thereof as if this agreement
had not been entered into and without making to the tenants any
compensation or allowance for the same and this agreement shall
thereupon determine as to the premises so re-entered upon but without
prejudice to any right of action or other remedy of the landlord for the
recovery of any rent or money due to him from the tenants or in respect
of any breach of this agreement.
Ch. 48] LEASE?FORMS 5556 CONVEYANCING, DRAFTING & DEEDS [Ch. 48
(3) Provided nevertheless that if such default as aforesaid in completing
the said dwelling-houses buildings and works shall be attributable
solely to labour disputes affecting workmen employed on the said
works or any workmen employed in any trade generally relating to the
building trade (or to other causes beyond the control of the tenants
delaying but not rendering impossible or illegal the  completion of the
works) then the landlord shall allow such further time for the completion
of the said works as the said surveyor shall in writing certify to be
reasonable.
(4) Provided further that notwithstanding any such default as aforesaid the
landlord may in his discretion give notice in writing to the tenants of his
intention to enforce the tenants? stipulations herein contained and may
fix any extended period for the completion of the said works in
substitution for the said period of…… months hereby fixed for such
completion and thereupon the obligations hereunder of the tenants to
complete the said works and to accept a lease (or leases) as hereinafter
mentioned shall be taken to refer to such substituted period.
5. If [and so soon as] the said building or block of buildings shall have been
completely finished to the satisfaction of the said surveyor (to be evidenced by
his certificate in writing to  the effect) [at the expiration of the said period of………
months or of such extended period (if any) as aforesaid] and the tenants shall
have performed and observed all the stipulations and conditions herein on their
part contained other than such as may have been waived as aforesaid then the
landlords shall release the return to the tenants the said deposited sum or se-
curities and the landlords shall then grant to the tenants a lease of the said
buildings or block of buildings for a term of ninety-nine years from………. at the
yearly rent of Rs……….. for the first year of the said term and thereafter at the
yearly rent of Rs……….. clear of all deduction payable within 7th day of every
quarter month the first payment of such rent to be made on………..
6. The said lease shall be in the form and shall contain the reservations,
exceptions covenants conditions and provisions set forth in the draft lease which
has been already prepared and approved by the parties hereto and for the
purpose of identification has been signed by Messrs……………………….  on be-
half of the landlords and by Messrs……………………….. on behalf of the tenants
and the tenants shall not be entitled to call for the title of the landlords to grant
the said lease.
7.  The said lease shall be prepared and shall be engrossed by the landlords?
solicitor and the costs and expenses of and incidental thereto including stamp
duty and registration fees shall be paid by the tenants [who shall also pay the
costs of the preparation and execution of this agreement in duplicate].
Until the said lease shall have been granted the tenants shall as from the
date of this agreement and so far as circumstances will admit and allow and
subject to  the provisions of this agreement pay such rent and other monies and
perform and observe such covenants and conditions as the tenants would have
to pay perform and observe if such lease had been actually granted.8. If the tenants shall make default in erecting in the said building in the
manner hereinbefore provided or if the tenants shall neglect or refuse to accept
any such lease as aforesaid within one calender month after they shall be re-
quested so to do by or on in which respect time shall be the essence of this
agreement or if the tenants shall in any respect fail to perform and observe the
stipulations on their part herein contained then and in any such case the said
deposited sum shall be absolutely forfeited to the landlords who shall be at
liberty to determine this present licence and the rights of the tenants to have a
lease as aforesaid and all other rights under this agreement and this agreement
shall thereupon absolutely cease and determine but so that the rights and rem-
edies given to the landlords by this clause shall be additional remedies and
shall not prejudice any right of action or other remedy of the landlords for the
recovery of any rent or moneys due to them by the tenants or in respect of any
antecedent breach by the tenants of this agreement.
9. Except as herein provided nothing in this agreement contained shall in
anywise be construed or operate so as to impose any restriction on the user of
any other lands of the landlords not comprised in this agreement.  But the land-
lords will use their best endeavours to assist the tenants in any application to
the authorities for necessary sanction of the plan in respect of any buildings to
be erected on the said land.
10.  If any difference shall arise between the parties touching their respective
rights duties or liabilities under this agreement the matter in dispute shall be
determined by a single arbitrator in accordance with the Arbitration Act, 1940 or
any statutory modification or re-enactment thereof for the time being in force.
IN WITNESS etc.
[Signatures on behalf of both parties]
4 4 4 4 4
Agreement for Leases of Buildings to be constructed in a Agreement for Leases of Buildings to be constructed in a Agreement for Leases of Buildings to be constructed in a Agreement for Leases of Buildings to be constructed in a Agreement for Leases of Buildings to be constructed in a
building complex by the tenants?tenants to take possession building complex by the tenants?tenants to take possession building complex by the tenants?tenants to take possession building complex by the tenants?tenants to take possession building complex by the tenants?tenants to take possession
of the building sites as tenants-at-will with licence for of the building sites as tenants-at-will with licence for of the building sites as tenants-at-will with licence for of the building sites as tenants-at-will with licence for of the building sites as tenants-at-will with licence for
construction, till leases are granted at stages as construction, till leases are granted at stages as construction, till leases are granted at stages as construction, till leases are granted at stages as construction, till leases are granted at stages as
buildings of various classes will be completed?landlord buildings of various classes will be completed?landlord buildings of various classes will be completed?landlord buildings of various classes will be completed?landlord buildings of various classes will be completed?landlord
to make advances on security of buildings option for to make advances on security of buildings option for to make advances on security of buildings option for to make advances on security of buildings option for to make advances on security of buildings option for
Tenants for out-right purchase in lieu of lease?provision Tenants for out-right purchase in lieu of lease?provision Tenants for out-right purchase in lieu of lease?provision Tenants for out-right purchase in lieu of lease?provision Tenants for out-right purchase in lieu of lease?provision
for surety joining in the agreement for surety joining in the agreement for surety joining in the agreement for surety joining in the agreement for surety joining in the agreement
AN AGREEMENT made the……………………  day of…………. BETWEEN [intended
lessor] of [address, etc.] (hereinafter called the landlord which expression shall
where the context so admits include the person for the time being entitled to the
reversion immediately expectant on the term hereby agreed to be granted) of
the One Part [or of the First Part] [and  intended company lessee] having its
registered office at [address] (hereinafter called the tenants which expression
Ch. 48] LEASE?FORMS 5758 CONVEYANCING, DRAFTING & DEEDS [Ch. 48
shall where the context so admits include its successors in title) of the Other
Part  [or of the Second Part and [Surety] of [address, etc.] (hereinafter called the
Surety) of the Third Part].
WHEREBY IT IS AGREED as follows :
1. For the period of………………………..  months from………… [or from the date
hereof] the tenant shall have licence and authority to enter upon all that piece of
land known as…………  and situate at………  containing………… acres or there-
abouts (being part of an estate known as the…………………….. estate which has
been recently laid out for buildings) which said piece of land with the sites of
certain intended new roads forming  the boundaries thereof on the [east, south
and west] sides and intended to be  known respectively as [names of roads],
are particularly delineated in the plan hereto annexed (the said piece of land
being thereon coloured [pink]) for the purpose of erecting buildings and execut-
ing works pursuant to the stipulations hereinafter contained and for no other
purpose whatsoever.
2.  The tenants agree to perform and  observe the stipulations and conditions
following :
(1) During the said period of…………….  months and subsequently so long
as they shall remain  in occupation  of the premises or any part thereof
prior to the execution of any lease or conveyance as hereinafter
mentioned to hold the same as tenants at will to the landlord at the
yearly rents following namely for the first year from the……….. day
of………  for the second year the sum of Rs…….  and for the third and every
subsequent year and proportionately for any part of a year the sum of
Rs…….. such rents to be paid by equal [half-yearly] payments on the
[state days of payment] in every year without any deduction:
Provided however that from the [half-yearly] instalment of rent at any
time payable there shall be deducted in the case of any lease having
been granted as hereinafter provided the amount of rent reserved in
respect of the same period under each such lease and in the case of
any conveyance having been executed as hereinafter mentioned such
sum as would fall to be deducted if a lease had been granted at the
same date of the same premises at a yearly rent calculated at the rate
of……… per cent  of the purchase money and so that if and when the
entire sum so to be deducted shall equal  or exceed in amount the rent
by this clause reserved such last mentioned rent shall thenceforth
cease to be payable. During such tenancy-at-will each part of the said
premises shall be held subject in other respects to the same covenants
and stipulations so far as applicable as if a lease thereof  as hereinafter
provided had been actually granted.
(2) At their own cost within the respective periods hereinafter mentioned to
erect cover in and complete fit for immediate occupation in a substantial
and workmanlike manner with the best materials of their several kinds
and in conformity in every respect with all statutes, orders, bye-lawsand regulations applicable thereto and the conditions of all planning
consents obtained in respect thereof and with plans elevations sections
and specifications to be approved and signed by the surveyor for the
time being of the landlord and under the inspection and to the
satisfaction of the said surveyor on the said piece of land the dwelling-
houses buildings and works hereinafter mentioned.
(3) To erect on each of the plots numbered [1 to 10] on the said plan
fronting…………  road a detached dwelling-house with convenient of-
fices and outbuildings and efficient drainage and to expend in buildings
each dwelling-house a sum of not less than  Rs…for materials and
labour at cost price and to erect on each of the plots numbered [11 to
24] on the said plan fronting………………. road a pair of semi-detached
dwelling-houses with convenient offices and outbuildings and efficient
drainage and to expend in buildings each pair a sum of not less than
Rs………  for materials and labour at cost price and to erect on the portion
of the said piece of land fronting…………….  street a row of not less than
[……..] buildings of uniform design and elevation  for use as shops or
offices with rooms for residential or business purposes over the same
and with convenient offices and outbuildings and efficient drainage and
to expend upon each block of [………….] such buildings a  sum of not
less than Rs………….  for labour and material at cost price and in erecting
such dwelling-houses and buildings to observe the building lines
marked on the said plan.
(4) No building to be erected on the plots numbered [I to 10] or [11 to 24]
shall be used otherwise than as a private dwelling house with its
conveniences or accessories and plots upon which shops are erected
shall be demised subject to a prohibition against carrying on any of the
following trades or business [name them] or any noxious  dangerous
offensive trade or business.
(5) To erect and cover in one half of the said detached dwelling-houses
within………. months from the said 2024 and the remaining
half within a further period of…………….  months and to  erect and cover
in one half of the said pairs of semi-detached dwelling-houses within…..
months from the said 2024 and the remaining half within
a further period of………….. months and to erect and cover in two of the
said blocks of buildings for shops or offices within……..  months from
the said 2024 and the remaining two within a further
period of………….  months and in each case to complete fit for immediate
occupation such dwelling-houses and buildings within………  months
after the same respectively ought to be erected and covered in.
(6) To enclose the gardens at the rear and sides of the dwelling-houses
and buildings hereinbefore agreed to be erected with substantial brick
walls under the direction and to the satisfaction of the said surveyor
and under the like direction and to the like satisfaction  to divide the
frontages of the said detached and semi-detached dwelling-houses
from………  and……….  roads respectively by suitable fences or railings.
Ch. 48] LEASE?FORMS 5960 CONVEYANCING, DRAFTING & DEEDS [Ch. 48
(7) To pay to the landlord one half of the expense to be incurred by the
landlord in making up the said new roads marked on the said plan and
to be known respectively as [names of roads] aforesaid with footpaths
on each side………. feet wide and in lighting the same to the standard
required by the local authority for taking over the roads as Public roads
maintainable at public expense and to pay the like share of repairing
and maintaining the said roads and footpaths until taken over by the
local authority. Any refunds  of such advance payments shall be divided
equally between the landlord and the tenants.
(8) Not at any time prior to the granting of the lease [or leases] hereinafter
mentioned to erect or build or permit or suffer to be erected or built any
buildings or erections otherwise than conforming to the plans, eleva-
tions, sections and specifications hereto annexed (or to plans, eleva-
tions, sections and specifications previously approved by the said
surveyor) nor at any time during the aforesaid period to make any
alteration in the external elevation of any of the said dwelling-houses
when erected without the consent in writing of the landlord.
(9) In the erection and completion of the said dwelling-houses and
buildings and the making of the said road to do all acts and things
required by and perform the works conforming in all respects with the
provisions and conditions of any planning approvals and permissions
and the provisions of any statute rule or order or statutory instrument
applicable thereto and the bye-laws and regulations of any local
authority or statutory undertaking having authority in that behalf in the
district wherein the said land is situate.
(10) Not to do or permit or suffer to be done in or upon the said premises
or any part  thereof anything  which may be or become a nuisance or
annoyance or cause damage to the landlord or to the tenants or
occupiers or neighbouring premises.
(11) Not to sell or dispose of any earth clay gravel or sand from the said
land or permit or suffer any of the same to be removed except so far
as shall be necessary for the execution of the said works PROVIDED
nevertheless that the tenants may use for the purpose of the said works
any of the beforementioned substances which may be excavated in the
proper execution of such works.
(12) Not without the consent in writing of the landlord or the said surveyor
to remove or permit or suffer to be removed until after completion of
the said buildings in accordance with the provisions herein contained
any building materials (other than inferior or unfit materials removed
for the purpose of being replaced by proper materials) or plant which
shall be brought upon the said land for the purpose of the said works.
(13) Not at any  time to deposit or make up or manufacture or permit or  suffer
to be deposited made up or manufacture upon the said piece of land
any building or other materials except such as shall be actually requiredfor the buildings to be erected on the said piece of land in  accordance
with this agreement and so soon as the buildings herein-before agreed
to be erected shall be completed at their own expense to remove from
the road or footpath adjoining the said piece of land or the ground
intended to be used for such road or footpath all buildings and other
materials and  rubbish whatsoever.
(14) As soon as any of the said dwelling-houses or buildings shall have
reached the stage of building at which advances are to be made in
respect thereof by the landlord under clause 5 hereof and the first
schedule hereto to insure the same in the joint names of the landlord
and tenants against loss or damage by fire in a sum amounting to at
least [four-fifths] of the amount required to rebuild the same in the case
of total destruction thereof (as certified by the said surveyor) and to
keep each such dwelling-house or building so insured until a lease or
conveyance thereof shall be granted or executed as hereinafter
provided and to make all payments necessary for  the above purposes
within [seven] days after  the same shall respectively become payable
and to produce to the landlord or his agent on demand the policies of
such insurance and the receipt for each such payment and to cause
all money received by virtue of any such insurances to be forthwith laid
out in rebuilding and reinstating such dwelling-house or building and
to make up any deficiency out of his own monies.
(15) To pay all fees payable to any surveyor employed by a public authority
and all other fees and payments properly claimed by any such authority
and also the proper and usual fees and charges of the landlord?s said
surveyor for work done by him in preparing or approving plans or
inspecting the execution of the work or otherwise in connection with
the carrying out of the works authorised by this agreement.
(16) (Upon request by the landlord) to produce to the landlord or his
authorised agent all notices, permissions, consents, licences upon or
sent to the tenants from or by any local or other competent authority
in any way relating to any of the works contemplated by this agreement
and to allow the landlord or such agent to make copies thereof.
(17) Not to assign or part with their interest under this agreement or any
part thereof without the consent in writing of the landlord (such consent
not to be unreasonably withheld) and in case of any assignment to
which the landlord shall so consent the tenants shall be liable for the
payment of a reasonable sum in respect of any legal or other expenses
incurred in connection with consent and shall continue liable for the
performance of the several stipulations herein contained until the grant
of the lease (or leases) hereinafter mentioned.
3. It is hereby mutually agreed that until the tenants have completely per-
formed the aforesaid agreement to erect the said buildings and execute the
works in accordance with the stipulations and conditions contained in clause 2
hereof the landlord shall possess the rights and powers following :
Ch. 48] LEASE?FORMS 6162 CONVEYANCING, DRAFTING & DEEDS [Ch. 48
(1) The landlord shall possess the rights and powers for himself his duly
authorised agent or surveyor at all reasonable times to enter upon the
said premises to view the state and progress of the said buildings and
works to inspect and test the materials and workmanship and for any
other reasonable purpose including the constructing repairing or
cleansing of any sewer or drain from any adjoining land of the landlord.
(2) Full right and liberty in case the tenants shall not commence the works
hereby agreed upon within the period of………..  months from the date
hereof or in case the whole or any part of the said yearly rents
hereinbefore reserved shall be in arrear for consecutive two months
(whether legally demanded or not) or in case any of the said houses
or buildings hereby agreed to be erected shall not be completed and
made fit for immediate occupation within the respective periods
hereinbefore limited (time for all the purposes of this clause being of
the essence of the contract) or if the tenants shall in any other way fail
to perform and observe any of the stipulations herein on their part
contained or shall be wound up either compulsorily or voluntarily or
enter into any arrangement or composition with their creditors to re-
enter upon and take possession of the said piece of land (except as
to any part or parts whereof a lease or conveyance may in the meantime
have been executed as hereinafter mentioned) and of all buildings and
erections fixtures plant materials and effects whatsoever thereon
without making to the tenants any compensation or allowance for the
same and this agreement shall thereupon as to the premises so re-
entered upon cease but without prejudice to any right of action or other
remedy of the landlord for the recovery of any rent or sums of money
due to him from the tenants or in respect of any breach of this
agreement PROVIDED that always if the cause of forfeiture or avoidance
of this agreement under this clause shall affect only part or parts of the
said premises the avoidance shall extend only to such part or parts and
this agreement shall remain in force as to the remainder of the premises
and any necessary apportionment of rent shall be made by the said
surveyor according to a fair value of the premises.
(3) PROVIDED ALWAYS that if the landlord re-enters upon the said premises
or any part thereof under the immediately preceding sub-clause and
completes the dwelling-house or dwelling-houses or other building or
buildings in respect whereof such re-entry is made (if then incomplete)
the said surveyor shall certify the value of such of the building materials
which the tenants have brought upon the land as the landlord uses in
such completion (the landlord however being under no obligation to use
any of such materials) and also the cost in labour and materials of the
buildings incurred up to the time of re-entry and the landlord shall pay
to the tenants by way of compensation the value of such building
materials as so certified and one-half the cost of the buildings as so
certified.  PROVIDED also that such payment shall not be made until he
expiration of the six months from the date of the completion of thebuildings as certified in writing by the said surveyor and the landlord
shall be entitled to set off against such payment any sum or sums that
may become due to him from the tenants by reason of the breach of
this agreement and the surplus (if any) in favour of the tenants and no
more  shall in such case be the amount due and payable to him under
this clause.
(4) PROVIDED nevertheless that if such default as aforesaid in completing
the said dwelling-houses buildings and works shall be attributable
solely to labour disputes affecting workmen employed on the said
works or any workmen employed in any trade generally relating to the
building trade (or to other causes beyond the control of the tenants
delaying but not rendering impossible or illegal the completion of the
works) then the landlord shall allow such further time of the completion
of the said works as the said surveyor shall in writing certify to be
reasonable.
(5) PROVIDED further that notwithstanding any such default as aforesaid
the landlord may in his discretion give notice in writing to the tenants
of his intention to enforce the tenants?  stipulations herein contained of
the said works in substitution for the said period of………  months hereby
fixed for such completion and thereupon the obligations hereunder of
the tenants to complete the said works and to accept a lease (or leases)
as hereinafter mentioned shall be taken to refer to such substituted
period.
4. The obligation to obtain such further planning approval (if any) as is or
may become necessary for the said works shall lie on the tenants.
5. For the purpose of enabling the tenants to complete the said works the
landlord shall from time to time the said period of…………….. months advance
money to the  tenants to an amount not exceeding as to each of the said de-
tached dwelling-houses the same of Rs……….  as to each of the said pairs of
semi-detached dwelling-houses the sum of Rs………  and as to  each block of
[four] shops or offices in the said row of shops and offices the sum of Rs…………
Advances shall be made in respect of each such detached dwelling-house pair
of semi-detached dwelling-houses or block of buildings in successive amounts
at times determined by the progress of the said works (as certified by the said
surveyor) in the manner specified in the FIRST SCHEDULE hereto.
6. Until repayment of the whole of such advances the tenants shall pay to
the landlord interest on the aggregate amount of the advances for the time
being outstanding at a rate of…………  per cent per annum.  Such interest  shall
be payable quarterly at the expiration of each period of three months from the
date of the first advance and as to each advance shall be computed from the
respective dates of the same being advanced.
7. In the event of a right of re-entry accruing to the landlord under clause
3(2) hereof in respect of the whole or any part of the premises comprised in this
agreement the advances outstanding in respect of the whole or such part of the
premises (as the case may be) shall immediately become repayable but other-
Ch. 48] LEASE?FORMS 6364 CONVEYANCING, DRAFTING & DEEDS [Ch. 48
wise such advances shall become repayable as to each dwelling-house or pair
of dwelling-houses or block of buildings in respect of which they are respec-
tively made at the expiration of six months from the date when the same re-
spectively ought to be completed in pursuance of this agreement PROVIDED
nevertheless that the tenants shall be entitled on giving  the landlord [one month?s]
notice in writing to pay off the advances in respect of any of the said dwelling-
houses or pairs of dwelling-houses or blocks of buildings or any part thereof
prior to the execution of a lease or conveyance of the same as hereinafter
mentioned but so that the entire sum repaid to the landlord at any one time
(whether in respect of one or more buildings) shall not be less than Rs……
8. If any of the said advances or any part thereof or any interest thereon
shall remain unpaid at the time when the lease or conveyance of the buildings
in respect of which the same shall have been made shall be executed the ten-
ants shall immediately after such lease or conveyance at their own cost ex-
ecute to the landlord or his nominee a legal mortgage of the premises com-
prised in such lease or conveyance for the purpose of securing the repayment
of the same with interest at the rate of………….. per cent per annum at the expi-
ration of six months from the date of the lease or conveyance such mortgage to
be prepared by the landlord?s solicitor at the expense of the tenants and to be in
such form in all respects as the landlord shall require.
9.  Until the execution of such legal mortgage as aforesaid the amount for the
time being due from the tenants to the landlord in respect of the premises to be
comprised therein shall be a first charge upon the interest of the tenants in the
said premises under this agreement and upon the first of the said advances
being made this agreement shall be deposited with the landlord as security for
that and subsequent advances and upon such advances or any part thereof
respectively becoming repayable and not being paid on demand the landlord
shall be entitled without notice to the tenants to sell the premises in respect of
which the money so due shall have been advances with the like powers and
provisions as would apply if he were a mortgagee exercising his statutory power
of sale and the landlord may grant a lease or leases of the lands sold to the
purchaser or purchasers thereof either on the terms aforesaid or on any other
terms.
10. The landlord shall be entitled to consolidate all securities for the time
being held by him for the said advances or any of them PROVIDED however that
upon a sale of any of the said buildings or pairs or blocks of buildings the land-
lord shall concur to release the buildings sold on receiving out of the purchase
money or otherwise the amount due to him for advances interest or otherwise
in respect of such buildings with an addition of………….  per cent of such amount.
11. If any of the said detached dwelling-houses or pairs of semi-detached
dwelling-houses or blocks of [four] buildings shall be completely finished for
immediate occupation to the satisfaction of the said surveyor at the expiration
of the periods respectively hereinbefore limited for completion of the same or
such extended periods as shall be allowed or fixed by the landlord under clause
3, paragraph (4) or (5) hereof and if the tenants shall have paid all rent and
other sums then payable by them hereunder and shall have performed andobserved all the stipulations herein on their part contained which affect the
buildings so completed other than such as may have been  waived as aforesaid
then the landlord shall at the expiration of [one month] from the date of such
certificate grant and the tenants shall accept  and execute a lease of such
detached dwelling-house or pair of semi-detached dwelling-houses or block of
four buildings and of the ground whereon the same respectively shall be stipu-
lated with such right of way over the said new roads and reserving such right to
free passage of water and soil as in the form of lease in the second schedule
hereto is expressed for the term of…………  years from the………….. day of…………
at the yearly rent for each detached dwelling-houses of  Rs……….  and for each
pair of semi-detached dwelling-houses of Rs……….. and for each of the said
blocks of [four] buildings of Rs……….. such rents respectively to be clear of all
deductions and to be payable by equal half-yearly payments on the…………..
day of…………….. and the……………… day of………………..  in every year as from
the date of the granting of each lease respectively. The said leases shall in
other respects be in the said form set forth in the second schedule hereto with
the variations specified therein as appropriate respectively to any of the said
three classes of buildings.
12. As to any one or more of such detached dwelling-houses and pairs of
semi-detached dwelling-houses and blocks of [……..] buildings and the site or
sites of the same the tenants shall be entitled within [……..] after the date of the
said surveyor?s certificate of the completion of the premises in question to give
to the landlord notice in writing that they will purchase the same in lieu of taking
a lease thereof and if the tenants shall then  be entitled to  a lease under clause
11 hereof the landlord shall on payment to him by the tenants of a sum equiva-
lent to…… year?s purchase of the yearly rent which would be reserved under
such lease convey the premises which would be comprised in such lease to the
tenants free from encumbrances but subject to a covenant by the tenants for
the repair of the said roads in the same manner so far as practicable as if the
tenants had taken a lease of the premises conveyed and subject also to a
covenant by the tenants not to alter the exterior portion of the premises in any
manner and covenants restrictive of the user of the premises and against nui-
sance and annoyance similar to those provided to be inserted in the lease thereof
if granted.  If such option shall not be exercised as to any of the said premises
within the time aforesaid the tenants shall be bound to accept a lease thereof
as aforesaid and the said option shall be no longer exercisable.
13. The landlo