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.
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: