Long-term Lease of Trust Lands for Building Purposes, Reserving a Rent and on Payment of a Premium by Shiva

Long-term Lease of Trust Lands for Building Purposes,
Reserving a Rent and on Payment of a Premium

THIS DEED OF LEASE made the . . . . . . . . day of . . . . . . . ., 20 . . . . . ., BETWEEN the . . . . . . Trust, (hereinafter called the ‘Lessor’) of the one part AND . . . . . ., aged . . . . . . . .years, son of . . . . . . . ., resident of . . . . . . . ., (hereinafter called the ‘Lessee’) of the other part.

WHEREAS Shri .  . . . . . . by a deed of settlement, dated . . . . . ., and registered on . . . . . . . as No. . . . . . . . in Book . . . . . ., Vol. . . . . . . ., on pages . . . . . . ., at the Sub-Registry Office of . . . . . . . . made a Trust of his properties, including the property hereby demises;

AND WHEREAS the Lessor is the full owner in possession of the plot of land measuring about . . . . . . . . sq feet in area along with other land and building appurtenant thereto and more specifically described and mentioned below and shown on the site plan annexed situate at No. . . . . . . . on the . . . . . . . Road in the city of . . . . . . . . . . .;

AND WHEREAS for the more beneficial enjoyment of the said land the Lessor decided to give it on lease;

AND WHEREAS the District Judge of . . . . . . . ., granted permission under Section 36, read with Section 34, of the Indian Trusts Act to the Lessor to lease the said land;

AND WHEREAS bids were invited by the said Court and the bid of the Lessee was at the time the highest, the District Judge after considering the offers and bids accepted the bid of the Lessee and sanctioned it on the terms and conditions set forth in the Annexure to the application submitted to the said Court, dated . . . . . . . ., by his order, dated . . . . . . in Misc. Case No . . . . . . of . . . . . . . ., 20 . . . . ., in re . . . . . President and others, Trustees versus the Trust, decided on . . . . . . . . . . ;

AND WHEREAS the Lessor till the . . . . . . . . received no better offer from any other person than the Lessee, the Lessor, therefore, by its resolution duly passed on the . . . . . . . . decided to accept the aforesaid offer of the Lessee and authorised by the same resolution its President Shri . . . . . . . . and its Secretary Shri . . . . . . . ., to execute and register a deed of Lease in favour of the Lessee on the terms and conditions set forth in the Annexure to the application submitted to the District Judge of . . . . . . . ., dated . . . . . . . .;

NOW THIS DEED WITNESSES that in consideration of the premium amounting to Rupees . . . . . . . . (Rs . . . . . .) only received by the Lessor from the Lessee, the receipt whereof the Lessor hereby acknowledges and the rents hereinafter reserved, the Lessor hereby demises unto the Lessee ALL THAT plot of open land with all its advantages and rights and easements whatsoever to the said plot, which said plot is more particularly described in this deed below, TO HOLD the said plot of open land hereby demised unto the Lessee for the term of 90 years from the . . . . . . . . day of . . . . . . . ., 20 . . . . . . . . . . . on the following terms and conditions, which said terms and conditions have been finally reapproved and sanctioned by the District Judge of . . . . . . . . by his order, dated . . . . . . . . . .

1. That the Lessor shall pay to the Lessee a monthly rent of Rupees. . . . . . . . (Rs . . . . .) only for the first thirty years of the lease, a monthly rent of Rupees . . . . . . . . (Rs . . . . . .) only for the next thirty years of the lease and a rent of Rupees . . . . . . . . (Rs. . . ) only for the remaining thirty years of the lease: PROVIDED always that if the monthly rent is at any time in arrears for more than. . . . . .months the Lessor shall have the right to terminate the tenancy after giving a notice in writing according to law.

2. That the Lessee shall have the right to construct a building for residential or professional purposes, but not for purposes of letting: Provided that such building shall be so built as not to affect materially the value or the beneficial enjoyment of the other building of the Lessor and for which purpose the Lessee shall be required to get the plan for the proposed building (or any alteration or addition later proposed) sanctioned by the Lessor.

3. That the Lessee  shall at his cost erect a boundary wall and enclose the plot of land hereby demised so that it may be separated from the Lessor’s other buildings. The Lessee shall have the right to stop the flow of water of the other buildings from and through the existing drains in and upon the land demised, but in so doing shall at his cost rebuild the drainage of the other buildings.

4. That there are on the demised land some trees and a pucca well, also a boundary wall on the eastern side abutting the house of Shri. . . . . . . . The Lessee shall have the right to cut down or pull down or demolish these and to use the materials thereof in any manner he likes. If, however, the right of third parties in demolishing or otherwise changing these structures are affected or transgressed, the Lessee shall be liable to pay all compensation or cost to the Lessor or such party directly.

5. That the Lessee shall have no right to transfer his leasehold rights in the land hereby demised except after erecting a building on the said plot in pursuance of Paragraph 2, above.

6. That the Lessee paying the rent hereby reserved and performing and observing the covenants and conditions herein contained and on his part to be performed and observed shall and may peaceably and quietly hold, possess and enjoy the said demised land during the said term of ninety (90) years calculated from . . . . . . the day on which the Lessee came into possession, without any interruption or disturbance by the Lessor or any person claiming under or on behalf of the Lessor, but in case of breach of any condition except in case of non-payment of rent as mentioned above the Lessee shall be liable to damages only.

7. That on the expiry of the lease or on its termination for any cause whatsoever, the parties reserve the right to renew the lease on the conditions and terms that may then be mutually agreed upon.

8. That the Lessee shall on the expiry or determination of the lease deliver possession over the demised plot of land peacefully after removing his structure, fixture and building material etcetera within three months of the date of expiration or determination, but if he fails to do so the Lessor may either pay the market value of the structure, fixture and building material etecetera to the Lessee or at his option enter upon the demised land and cause the structure, fixture and building material etcetera to be sold and after defraying the cost of selling the same and restoring the demised land in the condition in which it was handed over to the Lessee, remit the balance to the Lessee.

9. That the expressions ‘‘the Lessor’’ and ‘‘the Lessee’’ herein used shall unless such an interpretation be inconsistent with the context include in the case of the former, the successors and assigns and in the case of the latter his heirs, executors, administrators, representatives and assignees.

DESCRIPTION OF THE PROPERTY DEMISED

Open plot of land measuring about . . . . . . . . sq feet in area, situate in No. . . . . . . . . Road in the city of . . . . . . . ., and part of the compound thereof and adjoining the eastern and southern boundary wall together with the said boundary wall and land thereunder.

Dimensions of the plot of land and its Boundary:

East—Compound of Shri . . . . . . . . . . . . , house . . . . . . . . . . . . . . . . feet.

West—Compound of the Lessor’s main building . . . . . . . . . . . . . . .  feet.

North—Compound of the Lessor’s main building . . . . . . . . . . . . . . . feet.

South—. . . . . . . . . Road . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  feet.

IN WITNESS whereof the parties, that is, the Lessor through its President and Secretary and the Lessee through himself have set their hands on the day and the year first abovewritten.

Witness:

President.

Secretary.

Lessor.

Lessee.

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