Lease of a Furnished Cottage for a Season by Shiva.

Lease of a Furnished Cottage for a Season

THIS DEED OF LEASE is made the . . . . . . . . day of . . . . . . . . in the year 20 . . . . ., BETWEEN A. B., aged about . . . . . . . . years, son of . . . . . . . . . ., resident of . . . . . . . . . . , (who, and his heirs and assigns are, unless the contrary appears, hereinafter called ‘‘the Landlord’’), of the one part AND C. D., aged about . . . . . . . . years, son of . . . . . . . , resident of . . . . . . . . . . ., (who has been introduced by . . . . . . . .) (who, and his executors, administrators and assigns are, unless the contrary appears, hereinafter called ‘‘the Tenant’’) of the other part, AND WITNESSETH as under:

1. The Landlord lets and the Tenant takes ALL THAT furnished dwelling house, commonly known and called ‘‘The Cedars’’, with the garden, grounds, boundary and appurtenances belonging thereto, situate at . . . . . . . . in the hill station of . . . . . . . ., together with the furniture and effects mentioned in the Schedule hereunder written for the term of . . . . . . . . months beginning from . . . . . and ending with . . . ., at the rent of Rupees . . . . . . . . (Rs . . . . . . . .) only for the said period of . . . . . . . . months, exclusive of the said furniture and effects, and of Rupees. . . . . . . . (Rs. . . . .) only for the said furniture and effects, the said rents to be paid in two equal instlaments, one instalment of Rupees . . . . . . . . (Rs . . . . . . .) only on the execution of this deed, which said sum of Rupees . . . . . . . (Rs . . . . . .) only the Landlord hereby acknowledges as having received from the Tenant in partial consideration of this deed and the second instalment of a like sum the Tenant shall pay on . . . . . . . .

2. The Tenant hereby acknowledges having received possession of the said dwelling house together with all furniture and effects of the value shown in the Schedule hereunder, in good condition as per Schedule aforesaid.

3. The Tenant shall on the expiry of this lease or its sooner determination deliver up possession of the said dwelling house, together with all the furniture and effects in accordance with the Schedule and in the same room in which the same now are, in as good a state and condition as the same now are, reasonable wear and tear and accidental damage by fire alone excepted, and to replace all such of the said furniture and effects which may be lost, missing, broken or damaged during the tenancy or occupancy, except as aforesaid.

4. In the event of any infectious illness breaking out in the said dwelling house and premises or outhouses, the Tenant will give immediate notice thereof to the Landlord or his agent and immediately after the subsidence of such illness will at his own expense disinfect the same and replace all such furniture or other articles which may have to be destroyed by reason of such illness: Provided always that if the Tenant shall not within . . . . . . . . days after the subsidence of such illness, or before the sooner expiration of the tenancy, disinfect the premises, it shall be lawful for the Landlord to enter upon the premises for that purpose, and in such case the Tenant shall repay on demand to the Landlord all expenses incurred by him on and incidental to disinfecting the premises: Provided also that in default of giving notice of the breaking out of such illness as aforesaid, the Tenant shall pay to the Landlord the sum of Rupees . . . . . . . . (Rs . . . . . .) only as liquidated damages.

5. The Landlord will keep the garden, grounds, outhouses and the premises hereby demised in good state and condition during the tenancy or occupancy and there shall always be on the premises a chowkidar-cum-gardener, resident in one of the outhouses (who shall be the servant and in the pay of the Landlord) to look after and report damage wilfully done to the same by the Tenant. That in case any damage is so reported, the Tenant shall be further liable to the damage caused not exceeding a liquidated sum of Rs . . . . . for each damage caused.

6. The Tenant shall not use the premises, garden and grounds inclusive of the outhouses, for any purpose except that of his private dwelling house and will not assign or underlet the premises or any part thereof, nor remove therefrom the said furniture and effects or any of them, without the previous consent in writing of the Landlord:

7. Provided that if the rent, that is the next instalment of the rent payable on . . . . . . . . is in arrears for . . . . . . . . days, whether the same had been legally demanded or not or if there shall be any breach by the Tenant of the conditions herein contained, it shall be lawful for the Landlord to enter upon any part of the premises in the name of the whole, and thereupon the tenancy shall immediately cease and determine.

8. The Landlord agrees to pay all rates and taxes of every description except electricity, telephone and conservancy charges, which shall be cleared in full before the expiry of the lease or its sooner determination and receipts whereof deposited with the Landlord before the premises are vacated. The Landlord further agrees to maintain the garden at his own expense and by his own labour and also to execute all necessary repairs, not caused by the wilful acts of the Tenant, both outside and inside the said dwelling house and premises, when required in writing by the Tenant.

IN WITNESS whereof the parties hereto have hereunto signed and executed this deed of lease, the day and the year first abovewritten.

Witnesses:

1.                                                                   Sd. A. B.

Landlord.

2.                                                                   Sd. C. D.

Tenant.

Tenant introduced by . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sd . . . . . . . . . . . . . . . . . . . . .

Schedule of Furniture and Effects

Serial No. Name of article No. of article Room in which article is kept Price of article