Lease of a Brickfield
THIS LEASE made on the . . . . . . . . day of . . . . . . . ., 20 . . . . . . . . . BETWEEN A. B. etc. (hereinafter called ‘‘the Lessor’’) of the one part AND C. D. etc. (hereinafter called ‘‘the Lessee’’) of the other part;
WITNESSES as follows:
1. The Lessor hereby demises to the Lessee the plot of land described in the Schedule hereto together with the liberties and with the reservations and exceptions hereinafter mentioned TO HOLD the said premises to the Lessee from the . . . . . . . . day of . . . . ., 20 . . . . . . . . for the term of . . . . . . . . years PAYING therefor the rents and royalties hereinafter mentioned.
2. The following liberties are included in the said demise:
(i) To get from the said land earth, clay and other materials to be used in the manufacture of bricks and to manufacture the same into bricks or tiles on any part of the said land and to sell and dispose of the bricks and tiles so manufactured, but not without the permission of the Lessor to dig any part of the said land to a depth exceeding . . . . . . . . metres from the surface;
(ii) To erect, construct and maintain such engines, machinery, kiln, clamps, ovens, workshops, buildings or cottages and other things necessary for the purpose of manufacturing, storing or selling bricks and to form such roads, communications and other conveniences on the said land as may be necessary or convenient;
(iii) For the purpose aforesaid and for the purposes of any building now or hereafter to be erected on the said land to use any water in or under the demised land and to divert the same and to make, construct or maintain any watercourses, ponds or reservoirs but not so as to interfere with the rights of adjoining owners or occupiers in respect of such water; and
(iv) Generally to do all things which shall be convenient or necessary for the purposes aforesaid.
3. There are excepted and reserved to the Landlord out of this demise—
(i) All mines and minerals and other substances not hereinbefore expressly authorised to be got from the demised land by the Lessee; and
(ii) Liberty for the Lessor, his tenants and agents to search for, work, carry away and dispose of the excepted substances and for such purposes to do all necessary acts on the demised land: PROVIDED that in so doing the Lessor shall cause as little obstruction as possible to the Lessee in the use and enjoyment of his rights hereunder and will pay reasonable compensation for any damage caused by any such obstruction, the amount thereof in case of difference to be settled by arbitration as hereinafter provided.
4. The Lessee hereby covenants with the Lessor as follows:
(i) That he will pay the following rents and royalties:
(a) The fixed yearly rent of Rs . . . . . . . . payable in equal half-yearly instalments on the . . . . . . . . day of . . . . . . and the . . . . . . . day of . . . . . . . . in each year.
(b) A royalty to be paid on the aforesaid half-yearly dates of Rs . . . . . . . . for every thousand bricks in excess of . . . . . . . . and of Rs . . . . . . . . for every thousand tiles in excess of . . . . . . . which shall be manufactured on the demised land during the half-year preceding such payment: PROVIDED that no royalty shall be paid in respect of bricks and tiles used in any building or other erection or construction on the demised land.
(ii) That he will pay all existing and future rates, taxes and duties imposed or charged on the demised premises or the produce thereof or the rents and royalties hereby reserved or upon the owner or occupier in respect thereof;
(iii) That he will fence off the demised premises from the adjoining lands and will keep the fences in good repair and condition.
(iv) That he will before digging or opening any part of the land carefully remove the surface soil to a depth of at least. . . . . . . inches and lay aside and preserve the same and will after working out such part of the land forthwith level the same and replace the surface soil thereof so as to make the same fit for agricultural purposes.
(v) That he will not remove any brick, earth, clay or other materials from the demised premises but will manufacture the same into bricks and tiles only on the demised premises.
(vi) That he will keep the Lessor indemnified against all claims, suits, damages and expenses arising out of the use of the demised land for the aforesaid purposes or in respect of any nuisance apprehended therefrom or alleged to be occasioned thereby.
(vii) That he will always keep accurate accounts showing the number of bricks and tiles manufactured on the demised premises and the number of those in respect of which exemption from royalties is claimed, the date of manufacture and other matters necessary for calculating the royalties payable hereunder and will at all reasonable times and on the Lessor’s request grant inspection of the same to the Lessor or his agent and will permit them to take copies or extracts therefrom.
(viii) That he will permit the Landlord or his agent at all reasonable times to enter upon the demised premises to inspect the same and the works carried on and bricks and tiles manufactured therefrom.
(ix) That he will not assign or underlet or otherwise part with the premises hereby demised or any constructions erected thereon or any part thereof without the permission in writing of the Lessor.
(x) That he will at the determination of this lease deliver up the demised premises with all kilns, clamps and other buildings and erections in such conditions as shall be in accordance with the provision of this deed save that the Lessee shall if so required by the Lessor remove any kilns, clamps and other erections and restore in manner hereinbefore provided the surface of any land which has been worked and not restored.
5. The Lessor hereby covenants with the Lessee as follows:
(i) Covenant for quiet enjoyment.—That the Lessee paying the rent hereby reserved and performing all the covenants by the Lessee herein contained may hold and enjoy the demised premises during the said term without any unlawful interruption by the Lessor or any other person whosoever;
(ii) That he will keep the Lessee indemnified against all claims, suits and demands made by other tenants of the Lessor (or, by any person) in respect of injury or loss alleged to be caused by the proper exercise by the Lessee of his rights and liberties hereunder;
(iii) That the Lessee will on determination of this lease be entitled to take away all bricks, tiles, engines, machinery and other fixtures and all plants and things whatsoever except buildings etc.:
6. PROVIDED ALWAYS and it is hereby agreed as follows:
(i) That whenever any part of the rent hereby reserved shall be in arrears for . . . . . . . . months after due date or there shall be a breach of any of the covenants by the Lessee herein contained the Lessor may re-enter on the demised premises and determine this lease.
(ii) That the Lessee may at any time and from time to time during the said term surrender to the Lessor any part of the demised land after restoring the surface thereof as hereinbefore provided and the rent will thereupon be reduced by Rs . . . . . . . . per bigha of the land so surrendered.
(iii) If at any time any suit filed against the Lessee for any damage or injury apprehended or alleged to be caused by reason of the proper exercise of any of the rights and liberties hereby granted is decreed then the Lessee may forthwith determine the tenancy by giving to the Lessor . . . . . . . . months’ notice in writing.
7. It is hereby agreed between the parties as follows:
(i) Arbitration Clause.—It is hereby agreed that if at any time any dispute, doubt or question shall arise between the Lessor and the Lessee touching the construction, meaning or effect of this deed or any clause thereof or their respective rights and liabilities hereunder the same shall be referred to the arbitration of. . . . . . . .whose decision shall be final and binding on the parties.
(ii) Service of notice.—That any demand for payment or notice requiring to be made upon or given to the Lessee shall be sufficiently made or given if sent by the Lessor or his agent through the post by registered letter addressed to the Lessee at the demised premises (or, at. . . . . . . .), and that notice required to be given to the Lessor shall be sufficiently given if sent by the Lessee through the post by registered letter addressed to the Lessor at his usual or last known place of residence or business (or, at. . . . . . . .) AND that any demand or notice sent by post in either case shall be assumed to have been delivered in the usual course of post.
(iii) Interpretation clause.—That wherever such an interpretation would be necessary in order to give the fullest scope and effect legally possible to any covenant or contract herein contained the expression ‘‘the Lessor’’ hereinbefore used shall include the owner for the time being of the Lessor’s interest in the demised premises and the expression ‘‘the Lessee’’ hereinbefore used shall include his heirs, executors, administrators and permitted assigns.
IN WITNESS WHEREOF the parties hereto have hereunder signed this deed on the dates mentioned against their respective signatures.