Lease of Debuttar Property

Lease of Debuttar Property

This deed of lease is made this ……………… day of ………… 2000 between Shree Shree Ishwarji, consecrated and established at premises No. ……………… Calcutta (hereinafter referred to as the deity) of the first part and AB son of ……………… by religion Hindu, by occupation priest, residing at …………… (hereinafter referred to as the SHEBAIT the lessor which expression shall where the subject or context allows or admits of be deemed to include his successors in office) of the second part and CD, son of ………………, residing at ……………, by religion Hindu, by occupation priest, residing at …………… (hereinafter referred to as the LESSEE which term shall where the subject or context allows or admits of include his heirs, executors, administrators, representatives and assigns) of the third part.

Whereas  the party of the second part is at present shebait of the deity and so is fully in charge of management and administration of the estate of the deity which consist of inter alia property mentioned and described in SCHEDULE “A”. AND WHEREAS the temple that is place of the said deity which is now lying in a most dilapidated condition for want of necessary repairs and maintenance for a long time AND WHEREAS the income of the estate of the deity that is the rent which is collected from other properties belonging to deity is hardly a sum of Rs. …………… per month is Rs. ……………… per year out of which the following disbursements are to be made, viz.

(a)        Amount paid to the priest for performance for daily seva and puja of the deity at the rate of Rs. …………………… per month Rs. …………… per year.

(b)        Amount paid to the milkman for supply of milk to the deity at the rate of Rs. …………… per month that is Rs. …………… for the year.

(c)        Amount paid to the maid-servant for the cleaning of the temple of the deity and utensils Rs. …… per month that is Rs. …… per year.

(d)        Amount paid as costs of fruit and sweets of the deity every day Rs. ………………… per month that is Rs. ………… per year.

(e)        Amount spent for kerosene oil for one Harricane lamp kept burning at night at the temple of the deity Rs. ………… per month, i.e. Rs. …………… per year.

(f)         Miscellaneous and contingent expenses Rs. …………… per year.

(g)        Taxes payable to the Municipality per quarter Rs. …………… per year.

Total: ………………………….

AND WHEREAS  in the circumstances there is no such surplus fund for the maintenance and repair of the temple and for essential services to the deity AND WHEREAS the said temple which is out of repair for a long time is liable to collapse before the ensuing monsoon unless urgent repairs are immediately executed the costs whereof are estimated at sum of Rs. ……………

AND WHEREAS THE ESTATE of the DEITY have no funds or other resources or income to carry out the repairs to the estate of the DEITY the party of the second part contracted to grant a lease or demise the scheduled properties which is not yielding income on terms hereunder contained.

AND WHEREAS the party of the third part has offered to pay Rs. ………………… per month for leasing out the scheduled property and which offer is the highest among others received after advertisement in newspapers on two occasions AND WHEREAS the said LESSEE is also satisfied about the bona fides of such demise and has agreed to accept the same now this indenture witnesses that in consideration of the sum of  Rs. ………………… to be paid to the party of the first part as premium immediately on execution of these presents and a further sum of Rs. ………… to be paid per month on account of rent and the covenants and conditions to be observed and performed on the part of the LESSEE  and in the circumstances aforesaid and for legal necessities and justifying causes the party of the second part as shebait for and representing the DEITY and as such as lessor and in exercises of all powers authorities and liberties vested in him as such shebait doeth hereby and hereunder grant transfer demise and assure as and by way of lease unto and to the use of the party of the third part the property fully mentioned and described in SCHEDULE  “A” to have and to hold  the same on lease for a term of ……………… years as hereunder contained, i.e. until …………… day of …………… 2010 AND THAT the LESSEE doeth covenant and agree with the lessor as follows:

(a)        To pay the said rent and all enhancements thereof from time to time free and clear of all deductions, on the …………… day of every current month in advance during the term of the lease; such payment shall be made at the address of the lessor as aforesaid.

Such rent shall be increased progressively every year at the rate of …………… per cent of the last year’s rent.

(b)        To pay for and discharge and satisfy all Municipal rates, taxes, assessments and imposition (except the owner’s share of the house tax) which are now or during the said term and other liabilities and outgoings as may be hereafter imposed or assessed on the said premises, or on the lessee in respect thereof, by any public or statutory body or authority and keep the lessor indemnified against all loss damages etc. suffered or costs charges and expenses incurred on that account.

(c)        At all times during the term of the lease to keep and maintain the premises clean, tidy, healthy, free from moth and white ants, wind and water-tight in all seasons and further in good and substantial repair, reasonable wear and tear and damage by fire or storm excepted.

(d)        To construct a building on the demised property at a cost not below Rs. ……………… according to the sanctioned plan of the authorities within a period of two years from date hereof which will vest in and be the property of the deity on termination or earlier determination of the lease hereunder created without any claim by lessee  on that account.

(e)        To pay a sum equivalent to 20% of the amount of rent in case the building when constructed is let out to tenants or of the estimated rent if the building is used and occupied by the LESSEE as royalty every month. Such payment shall be made along with the rent every month.

(f)         To replace all broken fittings and fixtures by equally good or better substitutes and not to make any structural additions or alterations to the demised premises without the consent of the lessor first had and obtained in writing except interior alterations by way of adjustments.

(g)        To permit the lessor, his servants and agents at all reasonable hours to enter into the property to inspect the condition or to leave notice of all defects to be repaired which will be executed within a fortnight thereafter.

(h)        At all times during the said term to use and occupy the demised property as office premises or commercial or residential dwelling house for himself and the members of his family and the tenants and not to keep any paying guests or share accommodation with outsiders and not to carry on nor allow nor permit others to carry on any trade or business or publicity thereof in the said premises nor use nor permit others to use the same or any part thereof for any illegal purpose.

(i)         Without the consent in writing of the lessor, not to create any sublease nor assign or part with his leasehold estate or interest in the said premises created under these presents nor sublet the same or any part thereof to any person or persons whomsoever, or make any structural addition or alteration therein.

(j)         On the expiration or earlier determination of the lease to yield and deliver peaceful vacant possession of the premises in its entirety together with all improvements, if any, done thereto without any claim for compensation or otherwise on any account whatsoever.

And the lessor doeth hereby covenant and agree with the LESSEE as follows:

(a)        To use the premium solely and exclusively for the purpose of repairs to the temple as hereunder contemplated.

(b)        At all times during the said term, to pay the owner’s share of house tax of the premises whenever the same falls due and his income-tax and other personal taxes as and when assessed.

(c)        Upon the LESSEE paying the rent hereby reserved and observing and performing the conditions and covenants herein contained, the lessee shall quietly and peaceably hold, possess and enjoy the said premises during the said term without any interruption and disturbance by the lessor or any person claiming under or in trust for him.

Provided, however, and it is expressly agreed and declared by and between the parties hereto that, in case of non-payment of rent for any month beyond 3 days or in the event of breach of any of the conditions and covenants to be observed and performed by the lessee, the lease shall at the option of the lessor stand determined notwithstanding any waiver or condonation of the breach or any intermediate negotiations to the contrary when and in such an event the lessor shall be entitled to re-enter into the property and repossess the same as his former estate with all improvements done thereto and without prejudice in any case to his right to recover all arrears of rent and any damages for breach of such conditions and covenants.

AND THAT the party of the 2nd part doeth hereby further covenant and agree with the party of the 3rd part that the said property is free from encumbrances except the charge for the maintenance and seva and puja of the deity and that the same is not otherwise prejudiced in title or estate and that the party of the 2nd part has not done executed or performed anything whereby he is hindered or prevented from granting and/or transferring the same or lease in the manner hereinbefore indicated. AND THAT the LESSEE shall bear and pay all costs of and incidental to this lease, including stamp and registration charges.

The schedule above referred to

SCHEDULE  A

Description of property which is the subject-matter of the lease hereunder created:

In witness whereof the parties hereto have set and subscribed their respective hands and seals the day, month and year first above-written.

For self and shebait for and

representing the deity                                                                                         Sd/-

Signature of the lessor                                                                                   Sd/-

Signature of the lessee                                                                                   Sd/-

Memo of Consideration

Received of and from the within-mentioned LESSEE the sum of

Rs. ……………… being the premium payable under the within-mentioned Deed by a Bank Draft No. 11 dated ……………… issued by X Bank Ltd. payable in Calcutta.

Received

Signature of the SHEBAIT for          self and the deity

WITNESSES:

Signature of the LESSOR

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