Lease of Debutter Property
This deed of lease is made on this 30th day of May 1999 between goddess durga installed in the Temple called “Durga Mandir” at ……………………… ……………… (hereinafter referred to as the said deity) of the First Part, Swami Brahmananda, one of the trustees, residing at the premises adjoining the Durga Mandir, ……………………………… (hereinafter referred as the lessor which expression shall unless excluded by or repugnant to the context include his successors in office) of the Second Part and Sri Jubaraj by religion Hindu, by occupation business at present residing at ………………………… (hereinafter referred to as the lesser) of the Third Part.
Whereas by a Deed of Trust dated ………………… the land at ………… ……………… and all funds were dedicated to the Goddess Durga with direction to construct a temple thereon and install the said Goddess Durga therein.
And whereas by the said deed five named persons were appointed as the Trustees who would constitute a Board and conduct the affairs of the said deity and the Trust Property.
And whereas the said property with the trust funds the said temple was constructed and the deity was installed and the said temple was named as “Durga Mandir”.
And whereas the Board of Trustees agreed to act as the Trustees and agree to the directions contained in the said Trust Deed, constructed the said temple and named it as “Durga Mandir” and installed the said Goddess Durga therein.
And whereas due to inflation the costs of maintenance of the property and daily Seva Puja of the deity and holding of the periodical festivals have gone up considerably during the last nine years the income of the Trust property has become inadequate to meet the expenses in relation to the said Durga Mandir.
And whereas the Board of Trustees is empowered by the Trust Deed to manage and maintain the trust property along with its assets and funds with power for legal necessity to lease out or sell any portion of the Trust property so that the said Durga Mandir may be properly maintained and the Seva Puja of the deity continue.
And whereas the Board of Trustee had by a resolution passed unanimously at its meeting held on 16th April 1999 decided to lease out a portion of the debutter property as described in the Schedule below in the interest of the deity.
And whereas Sri Yubaraj is desirous of staying near the said Durga Mandir and devote his time in the worship of the said Goddess Durga and thereby became almost a part of the said Durga Mandir to have peace of mind and lead a life dedicated to the Goddess Durga.
And whereas the said Sri Yubaraj approached the Board of Trustees for a lease of a portion of vacant land adjacent to and belonging to the said deity not required for the purposes of deity or periodical Seva Puja or festivals for leasing out to him for construction of a small house in conformity with the design and structure of the said Durga Mandir and the Board in principle agreed to do so.
And whereas the said Sri Yubaraj has sold his property with a view to take on lease a portion of the property belonging to the said deity and make constructions thereon for his residential purposes.
And whereas the Board of Trustees have considered the proposal and taking into consideration the dire need for money for the maintenance of the existing property and for meeting the expenses of Seva Puja of the deity the existing income has to be augmented agreed to the proposal.
And whereas considering the legal necessity for leasingout a portion of the debutter property the Board of Trustees by a Resolution dated ……… ………… authorised Swami Brahmananda, a party of the Second Part to execute a Lease Deed on behalf of the Board of Trustees of the said party in favour of Sri Yubaraj for a period of 30 years on a lump sum premium of Rs. 10 lakhs and on a monthly rent of Rs. 500. All rates, taxes, levies, cesses and outgoings in respect of the said land proposed to be leased out measuring about 4 cottahs should be borne by the lessee and in respect of the said leased out land and the Board of Trustees of the property shall have no obligation to pay any money on any account whatsoever and all expenses and outgoings shall be borne by the lessee.
And whereas Sri Yubaraj has made enquiries and searches and examined the Trust Deed and has satisfied himself fully about the right, title and interest of the deity and the powers of Board of Trustees to authorise granting of such lease in the facts and circumstances stated herein and has agreed to accept lease of the said land of the deity on terms and conditions mentioned hereinbefore and contained hereinafter.
Now these presents witnesseth and the parties hereby agree as follows:
1. In consideration of the sum of Rs. 10 lakhs paid by the lessee to the lessor as non-refundable premium and in consideration of a monthly rent of Rs. 500 the lessor hereby grants and the lessee hereby takes on rent a plot of land measuring more or less 4 cottahs for a period of 30 years from the date hereof.
2. The lessee would be at liberty to construct a two-storeyed building not taller than the temple and having a design in conformity with the said temple and should give it an appearance of a part of the temple.
3. The lessee shall pay and discharge and satisfy all taxes, rates, cesses, levies and impositions both existing and future in respect of the premises demised irrespective of the legal liability of the said deity.
4. The lessee shall take possession of the said building to be constructed and shall not use the same except for residential purposes of the lessee and his family members. In the event the lessee intends to dispose of the said leasehold property he should offer the same to the deity represented by the Board of Trustees at a price not more than the value of the unexpired period, total value being Rs. 10 lakhs for 30 years.
5. The lessor doth hereby covenants that the land comprising in the Lease Deed is not at present affected by any notice or scheme by any municipality or other local authority and the property is free from all encumbrances, attachment, charges and other claims and demands.
6. The lessor has a good and marketable title to lease out to the lessee the said property and the said leasing out is duly authorised by the Trust Deed and the Board of Trustees and the lessee has satisfied himself about these facts.
7. The lessor or the Board of Trustees has not done, executed or performed anything whereby the present lease is hindered or prevented from granting or executing or transferring the property in any manner.
8. In the event through inadvertence or error or by any other cause whatsoever if it is found to be incomplete in respect of the right, title and interest or possession of the lessee, the lessor shall be bound to execute any further Deed in favour of the lessee for further perfecting, ensuring and assuring the right, title and interest and possession of the lessee.
9. The lessor shall execute or cause to be done or executed all such lawful acts, deeds and things whatsoever for further and more perfecting, conveying and assuring the said property and every part thereof in the manner aforesaid according to the true intent and meaning of the deed.
10. The lessor doth hereby and hereunder grant, convey, transfer and assign and assure unto and to the use of the lessee full and free right and liberty of way and passages for ingress to and egress from the said premises for himself his family members and relations and visitors over the said plot measuring about 4 cottahs as indicated in the site plan attached hereto through the passage 15 ft. wide leading to the plot from …………………… to premises and to hold at all times hereafter for 30 years and for all purposes and telephone, electric, gas, water and sewage connections over and under the same and the same plot of land will also be used by all persons visiting or having any interest in the said Durga Mandir.
11. The parties have agreed and understood the nature of enjoyment of the demised premises herein situated and the surrounding areas and the fact is that the demised premises is attached to the said Durga Mandir and the lessee agrees it will not object to or make any grievance of any noise or disturbance by virtue of usual Seva Puja of the deity and the periodical festivals and/or religious functions that might be held in or outside the said Durga Mandir.
12. The lessee shall have the right to surrender the lease in which case as also on termination of the lease the building constructed on the lease-hold property would belong to the said deity and that the lessor shall return a proportionate amount of the said amount of Rs. 10 lakhs depending on the unexpired period of the said lease and excepting that the lessee shall not have any right against the lessor on any account for whatsoever reason.
Schedule of the lease property
All that piece and parcel of land measuring about 4 cottahs, now lying vacant under Khatian No. …, Dag No. …, in Mouza Ganesh Bazar, J.L. No. …, and butted and bonded.
on the North: … …………………………………
on the South: … 10 ft. wide ……………………
on the East: … …………………………………
on the West: … a portion of the property of the said temple.
In witness whereof the parties hereunder have set out and subscribed their respective hands and seal, on the day, month and year first above-written.
|For self as Shebayat and
Deity as authorised by
the Board of Trustees
Signature of the lessor
(by the pen of Shebayat)
Signature of lessee
Sri Yubaraj (trustee)
Memo of Consideration
Bank Draft in favour of deity drawn on ………………… Bank, ……………, No. …… dated …………………… for Rs. 10 lakhs.
Received the consideration
(Signature of the lessor)