Licence for Grazing and Appropriation of Fruits (with a surety for the licensee) by Shiva.

Licence for Grazing and Appropriation of Fruits
(with a surety for the licensee)

AN AGREEMENT made the . . . . . . . . . . day of . . . . . . , 20. . . . BETWEEN A.B. etc. (hereinafter called ‘‘the Licenser’’) of the one part AND C.D. etc. (hereinafter called ‘‘the Licensee’’) of the other part.

Whereby the parties hereto agree as follows:

(1) During a period of . . . . . . . . . . . months/years commencing from the . . . . . . . . . . . day of . . . . . . . . , 20 . . . . . next the Licenser will permit the Licensee to do the acts and things specified in the first schedule hereto over all the land described in the second schedule hereto.

(2) The Licensee will pay the Licenser for such permission the sum of Rs . . . . . . . . . . . by . . . . . . . . . . . instalments, payable as follows:

Rs . . . . . . . . . . . on the . . . . . . . . . . . day of . . . . . . . . . . , 20 . . . .

Rs . . . . . . . . . . . on the . . . . . . . . . . . day of . . . . . . . . . . , 20 . . . .

Rs . . . . . . . . . . . on the . . . . . . . . . . . day of . . . . . . . . . . , 20 . . . .

(3) The Licensee will be liable to pay for any damage done by him or his servants or agents or cattle during the period of this licence to any trees, shrubs, plants, culverts, drains or other property of the Licenser on the said land and will accept as final the decision of X.Y. as to his such liability and as to the amount of such liability and will pay the said amount within . . . . . . . . . . . days after being required by the Licenser to do so.

(4) If the Licensee makes default in payment of any instalment mentioned in Clause (2), or of any sum which he is liable to pay under Clause (3) hereto, he shall be liable to pay interest on such sum at one per cent per mensem from the date of default to that of actual payment, and the Licenser shall also be at liberty to revoke this licence and the Licensee shall thereupon forfeit all his rights hereunder and shall not be entitled to any compensation by reason of such forfeiture.

(5) Water will be supplied to the Licensee from the tubewell at . . . . . . . . . . . and the Licenser will take all reasonable care to maintain an adequate supply but he shall not be liable for any damages or loss which may be caused by any deficiency in the water-supply and the Licensee will not be entitled to any remission or compensation for such damage.

(6) The Licensee will not be entitled to any remission or compensation on account of damage by storm, insect attack or other natural calamity unless such damage is of exceptional severity, in which case he will get a reasonable remission or compensation, and in case of disagreement about the liability of the Licenser or as to the amount of remission or compensation allowable to the Licensee, the matter shall be referred to X.Y. whose decision shall be final.

(7) The Licensee shall not sublet this contract either in part or in whole, unless the permission in writing of the lessor is previously obtained.

(8) The Licenser may at his option determine this agreement at any time after one week’s notice and shall in such case compensate the Licensee (if the Licensee is not in default) either by payment in money or by giving him over other land the same rights as are hereby given to him, and the Licensee will accept as final the decision of the said X.Y. concerning the amount to be paid or the land to be given, as the case may be.

(9) The surety in consideration of the Licenser having given the Licensee the permission hereinbefore mentioned agrees with and guarantees to the Licenser that the Licensee will duly pay all sums payable by him under the covenants hereinbefore contained and that in case the Licensee makes default in the payment of any such sum the surety will pay the same to the Licenser.

IN WITNESS WHEREOF etc.

The First Schedule herein referred to (description of the rights given):

(a) To cut and sell grass for profit.

(b) To gather and sell fruit for profit (except fruit of trees).

(c) To graze cattle and sheep (but no other animals).

(d) To graze animals of any kind (except goats and elephants).

The Second Schedule herein referred to (Description of the land to which this agreement relates).

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