Lease of Forest Land with Power to cut Trees and build a Cottage by Shiva

Lease of Forest Land with Power to cut Trees
and build a Cottage

THIS LEASE is made this the . . . . . . . . day of . . . . . . . ., 20 . . . . . BETWEEN A. B., aged . . . . . . . . years, son of . . . . . . . ., resident of . . . . . . . ., (hereinafter called the ‘‘Lessor’’) of the one part AND C. D., a company duly registered under the Indian Companies Act, 1956, having its registered office at . . . . . . . . and several branches including the one at . . . . . . . . . . . (hereinafter called the ‘‘Lessee’’) of the other part.

WHEREAS C. D. is a joint stock limited liability company carrying on the business of sale of timber etcetera.

AND WHEREAS A. B. is the owner in possession of . . . . . . . acres of forest land, situate in . . . . . . . . in the district of . . . . . . . . in the State of. . . . . . . ., which said land is bounded on the North by . . . . . . . ., on the South by . . . . . . . ., on the East by. . . . . . . ., on the West by . . . . . . . ., bearing Survey Nos. . . . . . . . . and is delineated and coloured red in the map attached and made part of this deed, together with all hutments, trees, fences, hedges, ditches, ways, waters, liberties, privileges and appurtenances whatsoever, to the said land belonging or in any way appurtaining or usually held or occupied therewith or reputed to belong or be appurtenant thereto, TO HOLD the same unto the Lessee for the term of 30 years beginning from the first day of . . . . . . . . , 20 . . . . ., at the yearly rent of Rupees . . . . . . . (Rs. . . . .) only, subject to the following terms and conditions mutually agreed between the Lessor and the Lessee:

1. The Lessee shall pay to the Lessor at the latter’s residence the said rent of Rs . . . . . . . . only, clear of all deductions in two equal instalments payable on the . . . . . . . . day of the month of . . . . . . . . and . . . . . during the said term of 30 years of the lease.

2. That the Lessee, in addition to the above rent, shall also pay all rates, taxes, cesses and assessments which are now or may be during the said term of 30 years imposed, levied or assessed in or on the said land or any building whether existing or constructed by the Lessee and shall file with the Lessor the receipt of such payment forthwith in order to avoid realisation of the sum by the Lessor as arrears of rent under Clause 9 of this deed.

3. That the Lessee shall be at liberty to pull down any hutment or structure existing on the land hereby demised and to use the materials thereof in constructing not more than one small building inclusive of sheds for cattle or any machinery for the use of the Lessee or his men working in or upon the forest. The Lessee shall also be permitted to build a tank for collecting water and may also use the forest land for planting one, but not more than one, orchard or grove on a small portion of the land hereby demised.

4. That the Lessee shall also be at liberty to cut down such trees as stand in the way of such building, shed or tank, grove or orchard, but no indiscriminate cutting of trees shall be done by the Lessee so as to change the general character of the land hereby demised.

5. That the Lessee shall be at liberty to appropriate or sell the produce of any grove or orchard planted by him and may also appropriate or sell wood of any trees felled by him under the foregoing clauses.

6. That the Lessee shall also be allowed to cut and periodically cut down the forest, but care shall have to be taken by the Lessee not to deforest the land, that is to say, the cutting down of trees whenever done shall be so done as to allow the trees to grow again and if this is not possible then after each cutting, new trees must be planted instead of the felled ones. No tree shall be cut which is less than 4 years old.

7. That the right to cut down trees shall include the right to appropriate the timber thereof and to sell the trees whether such trees are on forest land or elsewhere.

8. That the period of this lease is 30 years, subject to the Lessee observing and performing all the covenants hereby mutually agreed. On failure of the Lessee to observe and perform any one or all the conditions of the lease the Lessor may at his option terminate the lease and exercise his right of re-entry.

9. That if the Lessee fails to pay any rates, taxes, cesses or assessment which he is liable to pay or does not file the receipt of such payment with the Lessor as provided earlier, the Lessor shall have the right to realise the same as arrears of rent.

10. That the Lessor shall have the right to himself or through any agent appointed for this purpose inspect the land hereby demised to ascertain if the terms of this lease are being faithfully observed and performed by the Lessee and for such inspection and tour the Lessee shall allow him the use of any building, constructed or existing, on the said land for use as a Rest House.

11. That the Lessee is hereby granted licence for the period of this lease revocable at the option of the Lessor to hunt any game in the forest lands hereby demised, but this licence shall not extend to any friends or other persons not in the permanent employ of the Lessee.

12. That on the expiry or termination of this lease the Lessee shall immediately quit and give quiet and peaceful possession to the Lessor or such person or persons he may appoint in this behalf over the land hereby demised and over all constructions, improvements, grove, orchard, trees or tanks whether constructed or planted by the Lessee or existing and in such conditions as may be no worse than he originally received it. The Lessee shall not be entitled to any compensation for any constructions, grove, orchard, trees, tanks whatsoever, or any other improvement which he may have made in or upon the demised land. In case the Lessee holds over without renewal or illegally continues his possession after termination of this lease he shall be liable to pay damages for use and occupation to the Lessor at the rate of Rs . . . . . . . . per day for each day of his trespass.

IN WITNESS whereof the parties have hereto at . . . . . . . . signed and sealed the day and the year first above-mentioned.

Witnesses:

1.

2.

Sd. A. B.

Lessor.

Sd. C. D.

Lessee.

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