Deed of Surrender of Tenancy
This deed of surrender of tenancy is made on this 10th day of June 2000 between the X Co. Ltd., a company registered under the Companies Act 1956 and having its Registered Office at and carrying on business, inter alia, at ……………………… (hereinafter referred to as the tenant) of the one part and Mr. …………………… residing at ……………………… (hereinafter referred to as the owner) of the other part.
And whereas on 7th April 2000 an agreement was entered into by and between the tenant and the owner whereby and whereunder the owner let out to the tenant one ground-floor flat comprising of four rooms, one kitchen, two bathrooms, one car parking space, common use of servant-latrines and common passage around the flat with 5 ceiling fans and one Geyser at
……………… at a monthly rental of Rs. ……… from 9th April 1998.
And whereas all rates, taxes, cesses and levies or impositions were agreed to be paid by the owner and that the tenant would have no responsibility in respect thereof.
And whereas under the said agreement and pursuance thereof, the said owner gave occupation of the said flat to the tenant and the Tenant has been in occupation thereof since then.
And whereas the owner approached the tenant for vacating the said flat on various grounds including hardship to him and the tenant then duly considered the same and with a view to avoid any possible litigation and expenses has agreed to surrender the said tenancy of the said flat.
Now therefore this deed witnesseth and the parties agree as follows:
1. The said owner hereby admits confirms and acknowledges that on this day he has received peaceful vacant possession of the said ground floor flat comprising of four rooms, one kitchen, two bath rooms, one car parking space, common servant latrine and common passage around the flat with all fittings and furniture, water, drainage, sanitary fittings and electrical installations in the same good order and conditions as they were when the said flat was let out to the tenant less normal wear and tear.
2. The tenant declares that it has not created any encumbrance over the said flat and the same is free from all encumbrances.
3. The owner agrees and declares that the tenant has paid all dues, including rent in respect of the said flat up to this day and nothing is due or payable by the tenant to the owner in respect of the said flat.
4. The parties hereby agree that neither party has paid any money to the other by way of inducement for surrender of the tenancy.
5. The owner hereby agrees confirms and declares that he has received peaceful and vacant possession of the said flat from the tenant free from all encumbrances and the owner has accepted the delivery of vacant possession of the said flat with all fittings and furniture and also the keys and he has no claim whatsoever against the tenant in relation to the said flat or otherwise.
6. The owner hereby confirms and declares that nothing is due from and payable by the tenant in respect of the said rent or municipal charges, water charges, electricity bills or any other charges or claims in respect of the said flat.
7. The owner hereby agrees and declares that he would keep the tenant fully indemnified against and harmless from all proceedings, claims, actions, expenses, charges and costs thereof whatsoever in relation to the said flat for giving peaceful vacant possession of the said flat to the said owner.
8. It is recorded that neither party has any claim against the other in relation to the said flat or otherwise whatsoever.
9. It is recorded that the Security Deposit of Rs. ………… has already been refunded on receiving peaceful vacant possession of the said flat the receipt thereof the tenant hereby admits.
In witness whereof the parties hereto have executed this Deed on the day, month and year first above-written.
Signed, sealed and delivered by Mr. …………………. duly authorised by and holder of Power of Attorney from X. Co. Ltd. on this 10th day of June 2000 in the presence of:
Signed and delivered by Mr. ……………………… the owner in the presence of: