Deed of Under Lease by Shiva

Deed of Under Lease

THIS LEASE is made the . . . . . . . . day of . . . . . . . . , 20 . . . . . ., BETWEEN A. B., aged . . . . . . . . years, son of . . . . . . . ., resident of . . . . . . . ., (hereinafter called ‘‘the Chief Tenant’’) of the one part AND C. D., aged . . . . . . . . years, son of . . . . . . . ., resident of . . . . . . . ., (hereinafter called ‘‘the Sub-tenant’’) of the other part.

WHEREAS by a lease, dated . . . . . . . . and registered on . . . . . . . as No. . . . . . . . . in Book I, Volume . . . . . . . . on pages . . . . . . . . at the . . . . . . . . Sub-Registry Office Shri . . . . . . . ., the landlord, let out the entire premises known as . . . . . . . . Mansions, situated at No. . . . . . . . Road, in the city of . . . . . . . ., and the said lease provided full authority to the Chief Tenant to sublet the entire said mansion or any portion thereof up to the period of the said lease on any rent permissible under the law for the time being or as may be mutually agreed.

AND WHEREAS the Sub-tenant is desirous of taking two rooms on the first floor towards the east facing the. . . . . . . .Road on a monthly rent of Rupees . . . . . . . . (Rs . . . . .) only payable in advance by the Sub-tenant to the Chief Tenant on the first of every month and the Chief Tenant is agreeable to do so.

NOW THIS DEED OF UNDER LEASE WITNESSES as follows:

1. That in consideration of the rent herein reserved and to be paid in advance each month on the date specified the Chief Tenant demises unto the Sub-tenant for the latter’s exclusive use and benefit the aforesaid two rooms on the first floor towards the east facing . . . . . . . . Road, together with all furniture, fixtures and fittings now being therein (specified and detailed in Schedule ‘‘A’’ hereto) together also with the use jointly and in common with a Chief Tenant and his Sub-tenants of other parts of the said mansion of the entrance and staircase leading to the said room and of the latrine and bathroom on the first floor appropriated to the use of the tenants of the said floor for the term of one year from the . . . . . . . . day of . . . . . . . . at the monthly rent of Rupees . . . . . . payable in advance on the first day of each English month. The aforesaid rent of Rs . . . . . . . . shall be deemed to be in consideration of the two rooms hereby let and the joint use of the entrance, staircase, latrine and bathroom and the hire of the furniture, fittings and fixtures together with the cost of electricity consumed.

2. That the Sub-tenant shall not be permitted the use of any electric appliances, other than those fitted and supplied by the Chief Tenant nor shall be permitted to replace any electrical fitting damaged, broken or lost by him with any other of different make and power. All or any articles, furniture, fixtures or fittings damaged, broken or lost shall be replaced by the Sub-tenant forthwith with articles, fixtures, fittings and furniture etcetera of similar make and value.

3. That on expiry of this underlease or earlier determination thereof the Sub-tenant shall hand over possession of the two rooms and all the furniture, fittings, fixtures etcetera supplied by the Chief Tenant in as good a condition as he had received them.

4. That the Sub-tenant shall perform and observe all the terms of agreement which are contained in the original lease, dated. . . . . . . ., between the Landlord and the Chief Tenant affecting the property hereby leased, except the payment of rent, and shall not do or suffer to be done anything whereby the original lease may be avoided or forfeited. A copy of the said original lease is annexed to this deed as Schedule ‘‘B’’.

5. That the Sub-tenant paying the rent reserved and observing and performing the conditions herein contained shall quietly and peaceably possess and enjoy the demised property, movable and immovable during the said term without any let or hindrance by the Chief Tenant or any person claiming under him, as otherwise, in case of any breach of any condition to be observed and performed by the Sub-tenant, the under lease may be terminated and the right of re-entry exercised by the Chief Tenant at his option, without prejudice to his rights to recover all arrears of rent and any damages for breach of this agreement.

6. That the Chief Tenant shall keep the Sub-tenant indemnified against all actions, claims and demands on account of any breach by him or his other Sub-tenants of any of the conditions contained in the original lease.

7. That the terms ‘‘the Chief Tenant’’ and ‘‘the Sub-tenant’’ herein used shall, unless inconsistent with the context, include as well the heirs, successors and assigns of the first party and the heirs and survivors only of the said second party.

IN WITNESS whereof the said A. B. and C. D. have hereto at . . . . . signed the day and the year abovewritten.

Witness:

Sd. A. B.

Chief Tenant.

Sd. C. D.

Sub-tenant.

SCHEDULE ‘‘A’’

List of articles, furniture, fixtures and fittings with their make and value.

SCHEDULE ‘‘B’’

Original lease between Landlord and Chief Tenant.